From: The Law and Politics Book Review
BOOK NOTICES: Vol 24 (8): 444-484
As a service to subscribers, the REVIEW provides this brief summary of the contents of recent reference works, anthologies of previously published materials, textbooks and collected readings designed for students, casebooks designed for undergraduate and law school use, later editions of books previously reviewed in this journal, and other specialized publications. Unless noted, the comments are taken from the book's jacket cover or the publisher's webpage.
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Ashgate Publishing
Basic Books
Belknap Press
Berkeley Books
Cambridge University Press
Carolina Academic Press
Fordham University Press
Hart Publishing
Harvard University Press
Kendall Hunt Publishing
Lexington Books
LFB Scholarly Publishing
Lincoln Institute Of Land Policy
New York University Press
Oxford University Press
Paradigm Publishers
Polity Press
Princeton University Press
Quid Pro Books
Stanford Law Books
University of British Columbia Press
University Of Chicago Press
University Of Georgia Press
W. W. Norton & Company
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Ashgate Publishing
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Fitzpatrick, Daniel, Andrew McWilliam, and Susana Barnes. Property and Social Resilience in Times Of Conflict: Land, Custom and Law in East Timor. Ashgate Publishing, 2013. 309 pp. $40.00 ISBN: 978-1-409-45381-9.
This book is a timely response to the increased international focus
on peace-building problems arising from population displacement and
post-conflict state fragility. It considers the relationship between
property and resilient customary systems in conflict-affected East
Timor, including micro-studies of customary land and population
displacement during the periods of Portuguese colonization [*444] and
Indonesian military occupation. It analyses the development of laws
relating to customary land in independent East Timor (Timor Leste) and
will be of interest to property scholars, anthropologists, academics
and practitioners in the emerging field of peace and conflict studies.
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Popovski, Vesselin. International Rule Of Law and Professional Ethics. Ashgate Publishing, 2011. 240 pp. $90.00 ISBN: 978-1-472-42803-5.
This book examines an interesting and relatively understudied area of
the evolution of the international rule of law and the role of
professional ethics. The rule of law has been gradually developed and
promoted at the national level over centuries, however at the
international level it has only recently received (more in rhetoric
than in implementation) support from a macro perspective -
developments of international rules and institutions, and from a micro
perspective - ethical codes, independence and un-bias of
professionals, working in international organizations and tribunals.
The book offers analysis and recommends policies to strengthen the
rule of law at international level to meet a major global governance
demand in ensuring equity, justice, stability and consistency in
international affairs.
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Febbrajo, Alberto. Law and Intersystemic Communication: Understanding Structural Coupling. Ashgate Publishing, 2014. 230 pp. $100.00 ISBN: 978-1-409-42110-8.
This volume provides an overview of current perspectives on
socio-legal studies with particular attention focused on the concept
of 'structural coupling'. The first part of the book presents a
reconstruction of theoretical tendencies in the field of socio-legal
studies, characterised by the emergence of a transnational model of
legal systems no longer connected to territorial borders and
culturally specific aspects of single legal orders. In the following
parts of the book, the contributions analyse some concrete cases of
interrelation between law and society from an empirical and
theoretical perspective.
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Anderson, Richard. Discourse, Dictators and Democrats: Russia's Place in a Global Process. Ashgate Publishing, 2014. 296 pp. $35.00 ISBN: 978-1-409-46708-3.
Voting hides a familiar puzzle. Many people take the trouble to vote even though each voter's prospect of deciding the election is nearly nil. Russians vote even when pervasive electoral fraud virtually eliminates even that slim chance. The right to vote has commonly been won by protesters who risked death or injury even though any one protester could have stayed home without lessening the protest’s chance of success.
Could people vote or protest because they stop considering their own
chances and start to think about an identity shared with others? If
what they hear or read affects political identity, a shift in
political discourse might not just evoke protests and voting but also
make the minority that has imposed the dictator’s will suddenly lose
heart. During the Soviet Union’s final years the cues that set [*445]
communist discourse apart from standard Russian sharply dwindled. A
similar convergence of political discourse with local language has
preceded expansion of the right to vote in many states around the
globe. Richard D. Anderson, Jr., presents a groundbreaking theory of
what language use does to politics.
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Basic Books
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Beeman, Richard R. Our Lives, Our Fortunes, and Our Sacred
Honor: The Forging of American Independence 1774-1776. Basic
Books, 2013. 528 pp. $29.95. ISBN: 978-0465026296.
In 1768, Philadelphia physician Benjamin Rush stood before the empty
throne of King George III, overcome with emotion as he gazed at the
symbol of America’s connection with England. Eight years later, he
became one of the fifty-six men to sign the Declaration of
Independence, severing America forever from its mother country. Rush
was not alone in his radical decision—many of those casting their
votes in favor of independence did so with a combination of fear,
reluctance, and even sadness.
In Our Lives, Our Fortunes and Our Sacred Honor, acclaimed historian Richard R. Beeman examines the grueling twenty-two-month period between the meeting of the Continental Congress on September 5, 1774 and the audacious decision for independence in July of 1776. As late as 1774, American independence was hardly inevitable—indeed, most Americans found it neither desirable nor likely. When delegates from the thirteen colonies gathered in September, they were, in the words of John Adams, “a gathering of strangers.” Yet over the next two years, military, political, and diplomatic events catalyzed a change of unprecedented magnitude: the colonists’ rejection of their British identities in favor of American ones. In arresting detail, Beeman brings to life a cast of characters, including the relentless and passionate John Adams, Adams’ much-misunderstood foil John Dickinson, the fiery political activist Samuel Adams, and the relative political neophyte Thomas Jefferson, and with profound insight reveals their path from subjects of England to citizens of a new nation.
A vibrant narrative, Our Lives, Our Fortunes and Our Sacred
Honor tells the remarkable story of how the delegates to the
Continental Congress, through courage and compromise, came to dedicate
themselves to the forging of American independence.
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Belknap Press
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Balkin, Jack M. Living Originalism. Belknap Press, 2014.
240 pp. $17.00 ISBN: 978-0-674-41692-5. [*446]
Reviewed
earlier in LPBR, and now in paperback. Originalism and living
constitutionalism, so often understood to be diametrically opposing
views of our nation’s founding document, are not in conflict, they are
compatible. So argues Jack Balkin, one of the leading constitutional
scholars of our time, in this long-awaited book. Step by step, Balkin
gracefully outlines a constitutional theory that demonstrates why
modern conceptions of civil rights and civil liberties, and the modern
state’s protection of national security, health, safety, and the
environment, are fully consistent with the Constitution’s original
meaning. And he shows how both liberals and conservatives, working
through political parties and social movements, play important roles
in the ongoing project of constitutional construction.
By making firm rules but also deliberately incorporating flexible
standards and abstract principles, the Constitution’s authors
constructed a framework for politics on which later generations could
build. Americans have taken up this task, producing institutions and
doctrines that flesh out the Constitution’s text and principles.
Balkin’s analysis offers a way past the angry polemics of our era, a
deepened understanding of the Constitution that is at once originalist
and living constitutionalist, and a vision that allows all Americans
to reclaim the Constitution as their own
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Berkley Books
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Gabriel, Richard. Acquittal: An Insider Reveals the Stories and Strategies Behind Today's Most Infamous Verdicts. Berkley, 2013. 618 pp. $150.00 ISBN: 978-0-425-26971-8.
October 3, 1995. The shocking outcome of the O.J. Simpson trial leaves a nation divided. July 5, 2011. Casey Anthony walks free despite being convicted by millions on cable news and social media. There are times when something as supposedly simple as a just verdict rises to the level of cultural touchstone. Often these moments hinge on logic that seems flawed and inexplicable; until now. In Acquittal , leading trial consultant Richard Gabriel explains how some of the most controversial verdicts in recent times came to be. Drawing on more than twenty-eight years of experience, Gabriel provides firsthand accounts of his work on high-profile cases, from the tabloid trials of Casey Anthony, O.J. Simpson, Phil Spector, and Heidi Fleiss to the political firestorms involving Enron and Whitewater. An expert on court psychology and communications, Gabriel offers unique insights on defendants, prosecutors, judges, witnesses, journalists, and the most important people in the room: the jury.
Through play-by-play breakdowns of the proceedings, Gabriel reveals
the differences between a court of law and the court of public
opinion, the convoluted mechanics behind jury selection, strategies
for creating a careful balance of evidence and doubt, and the
difficulties of providing a fair trial in the digital age. Along the
way, Gabriel raises hard questions about not only the legal system but
about the possibility of justice in an oversaturated media landscape.
The courtroom is a natural theater. The stakes are high. The roles are
all too familiar. And there is always the chance of a twist ending.
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Cambridge University Press
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Dickerson, Mechele. Homeownership and America's Financial Underclass: Flawed Premises, Broken Promises, New Prescriptions. Cambridge University Press, 2014. 336 pp. $35.00 ISBN: 978-1-107-66350-3.
Why does America have a love affair with homeownership? For many,
buying a home is no longer in their best interest and may actually
harm their children's educational opportunities. This book argues that
U.S. leaders need to reevaluate all housing policies and develop new
ones that ensure that all Americans have greater access to affordable
housing whether rented or owned. After describing homeownership's most
common myths, the book shows why the financial circumstances America's
financial underclass now face make it impossible for them to benefit
from homeownership because they cannot afford to buy homes. The book
then exposes the risks of home buying while brown or black by
discussing U.S. policies that made it easier for whites to buy homes
easily and cheaply, but harder and more costly for blacks and Latinos
to do so. The book argues that remaining traces of racial
discrimination and certain demographic features continue to make it
harder for blacks and Latinos to receive homeownership's promised
benefits."
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Wejnert, Barbara. Diffusion Of Democracy: the Past and Future Of Global Democracy. Cambridge University Press, 2014. 333 pp. $40.00 ISBN: 978-1-107-04711-2.
This book explores the course and causes of the worldwide diffusion
of democracy through an assessment of the political and economic
development of individual countries from the year 1800 to 2005. Using
this extended range of data and examining multiple variables Barbara
Wejnert creates a conceptual model for the diffusion of democracy and
to measure national democratization. The author characterizes each
nation's political system, its networking with other countries, level
of development, and media advancement, in order to pinpoint what leads
to national and regional progress to or regress from democratization.
Her innovative findings challenge established thinking and reveal that
the growth of literacy does not lead to democratization but is instead
an outcome of democracy. She also finds that networks between
non-democratic and democratic states are more important to a nation's
democratization than financial aid given to non-democratic regimes or
the level of national development.
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Zeben, Josephine Van. Allocation Of Regulatory Competence in the Eu Emissions Trading Scheme. Cambridge University Press, 2013. 242 pp. $110.00 ISBN: 978-1-107-04226-1.
The European Union's Emissions Trading System (EU ETS) is the world's
largest carbon trading market. This book offers a new perspective on
the EU ETS as a multi-level governance regime, in which the regulatory
process is composed of three distinct 'competences' norm setting,
[*448] implementation, and enforcement. Are these competences best
combined in a single regulator at one level of government or would
they be better allocated among a variety of regulators at different
levels of government? The combined legal, economic, and political
analysis in this book reveals that the actual allocation of
competences within the EU ETS diverges from a hypothetical ideal
allocation in important ways, and provides a political economy
explanation for the existing allocation of norm setting,
implementation and enforcement competences among various levels of
European government."
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Calvo, Ernesto. Legislator Success in Fragmented Congresses in Argentina: Plurality Cartels, Minority Presidents, and Lawmaking. Cambridge University Press, 2014. 280 pp. $60.00 ISBN: 978-1-107-06513-0.
Plurality-led Congresses are among the most pervasive and least
studied phenomena in presidential systems around the world. Often
conflated with divided government, where an organized opposition
controls a majority of seats in congress, plurality-led congresses are
characterized by a party with fewer than 50 percent of the seats still
in control of the legislative gates. Extensive gatekeeping authority
without plenary majorities, this book shows, leads to policy outcomes
that are substantially different from those observed in majority-led
congresses. Through detailed analyses of legislative success in
Argentina and Uruguay, this book explores the determinants of law
enactment in fragmented congresses. It describes in detail how the
lack of majority support explains legislative success in standing
committees, the chamber directorate, and the plenary floor.
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Burden, Barry C. and Charles Stewart III. Measure Of American Elections. Cambridge University Press, 2013. 544 pp. $35.00 ISBN: 978-1-107-69991-5.
Policymaking in the realm of elections is too often grounded in
anecdotes and opinions, rather than in good data and scientific
research. To remedy this, The Measure of American Elections brings
together a dozen leading scholars to examine the performance of
elections across the United States, using a data-driven perspective.
This book represents a transformation in debates about election
reform, away from partisan and ideological posturing, toward using
scientific analysis to evaluate the conduct of contemporary elections.
The authors harness the power of newly available data to document all
aspects of election administration, ranging from the registration of
voters to the counting of ballots. They demonstrate what can be
learned from giving serious attention to data, measurement, and
objective analysis of American elections.
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Nafziger, James A.R., Robert K. Paterson, and Alison Dundes Reteln. Cultural Law: International, Comparative, and Indigenous. Cambridge University Press, 2014. 326 pp. $50.00 ISBN: 978-0-521-86550-0.
Cultural law is a new and exciting field of study and practice. The
core themes of linguistic and other cultural rights, cultural
heritage, traditional crafts and knowledge, the performing arts,
sports, and religion are of fundamental importance to people around
the world, engaging them at the grass roots and often commanding their
daily attention. The related legal processes are both significant
[*449] and complex. This unique collection of materials and commentary
on cultural law covers a broad range of themes. Opening chapters
explore critical issues involving cultural activities, artifacts, and
status as well as the fundamental concepts of culture and law.
Subsequent chapters examine the dynamic interplay of law and culture
with respect to each of the core themes. The materials demonstrate the
reality and efficacy of comparative, international, and indigenous law
and legal practices in the dynamic context of culture-related issues.
Throughout the book, these issues are presented at multiple levels of
legal authority: international, national, and subnational.
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Dann, Philipp and Andrew Hammel. Law Of Development Cooperation: a Comparative Analysis Of the World Bank, the EU and Germany. Cambridge University Press, 2012. 154 pp. $29.00 ISBN: 978-1-107-02029-0.
Development interventions are agreed by states and international
organisations which administer public development funds of huge
proportions. They have done so with debatable success, but, unlike the
good governance of recipients, the rules applying to donors have
hitherto received little scrutiny. This analysis of the normative
structures and conceptual riddles of development co-operation argues
that development co-operation is increasingly structured by legal
rules and is therefore no longer merely a matter of politics,
economics or ethics. By focusing on the rules of development
co-operation, it puts forward a new perspective on the institutional
law dealing with the process, instruments and organisation of this
co-operation. Placing the law in its theoretical and political
context, it provides the first comparative study on the laws of
foreign aid as a central field of global public policy and asks how
accountability, autonomy and human rights can be preserved while
combating poverty.
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Branch, Jordan. Cartographic State: Maps, Territory, and the Origins Of Sovereignty. Cambridge University Press, 2012. 128 pp. $20.00 ISBN: 978-1-107-04096-0.
Why is today's world map filled with uniform states separated by
linear boundaries? The answer to this question is central to our
understanding of international politics, but the question is at the
same time much more complex - and more revealing - than we might first
think. This book examines the important but overlooked role played by
cartography itself in the development of modern states. Drawing upon
evidence from the history of cartography, peace treaties and political
practices, the book reveals that early modern mapping dramatically
altered key ideas and practices among both rulers and subjects,
leading to the implementation of linear boundaries between states and
centralized territorial rule within them. In his analysis of early
modern innovations in the creation, distribution and use of maps,
Branch explains how the relationship between mapping and the
development of modern territories shapes our understanding of
international politics today.
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Mershon, Carol and Olga Shvetsova. Party System Change in Legislatures Worldwide: Moving Outside the Electoral Arena. Cambridge University Press, 2014. 240 pp. $23.00 ISBN: 978-0-521-76583-1.
In this book, Carol Mershon and Olga Shvetsova explore one of the
central questions in democratic politics: How much autonomy do elected
politicians have to shape and reshape the party [*450] system on their
own, without the direct involvement of voters in elections? Mershon
and Shvetsova's theory focuses on the choices of party membership made
by legislators while serving in office. It identifies the inducements
and impediments to legislators' changes of partisan affiliation, and
integrates strategic and institutional approaches to the study of
parties and party systems. With empirical analyses comparing nine
countries that differ in electoral laws, territorial governance, and
executive legislative relations, Mershon and Shvetsova find that
strategic incumbents have the capacity to reconfigure the party system
as established in elections. Representatives are motivated to bring
about change by opportunities arising during the parliamentary term,
and are deterred from doing so by the elemental democratic practice of
elections.
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Post, Alison E. Foreign and Domestic Investment in Argentina: the Politics Of Privatized Infrastructure. Cambridge University Press, 2014. 369 pp. $150.00 ISBN: 978-1-107-04804-1.
Political economy scholarship suggests that private sector
investment, and thus economic growth, is more likely to occur when
formal institutions allow states to provide investors with credible
commitments to protect property rights. This book argues that this
maxim does not hold for infrastructure privatization programs. Rather,
differences in firm organizational structure better explain in the
viability of privatization contracts in weak institutional
environments. Domestic investors or, if contracts are granted
subnationally, domestic investors with diverse holdings in their
contract jurisdiction work most effectively in the volatile economic
and political environments of the developing world. They are able to
negotiate mutually beneficial adaptations to their contracts with host
governments because cross-sector diversification provides them with
informal contractual supports. The book finds strong empirical support
for this argument through an analysis of fourteen water and sanitation
privatization contracts in Argentina and a statistical analysis of
sector trends in developing countries."
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Carolina Academic Press
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Kilborn, Jason J. Louisiana Security Devices: A Precis. Carolina Academic Press, 2014. 377 pp. $110.00 ISBN: 978-1-611-63183-8.
For the first time, readers will find here in one place a clear and up-to-date discussion of the four primary ''security devices'' in Louisiana law: the Louisiana version of Article 9 of the Uniform Commercial Code, mortgages, statutory liens (''privileges''), and personal guarantees (''suretyship''). The discussion is written to be easily accessible to non-experts. It offers both a basic introduction and a detailed but concise explanation of the operation of each of the available security devices, including the complex rules for determining priority among the various devices when they compete with each other, with a trustee in bankruptcy, or with the Internal Revenue Service. This book is designed to allow students and lawyers to solve difficult problems with minimal effort, guided by a [*451] logically structured and detailed table of contents, as well as simple illustrations of particularly complex topics. By bringing all of this material together in a clear and focused framework, this book is intended to reduce study and research time for complex secured transactions questions and to increase students' and lawyers' confidence in the resolution of often complex and confusing commercial law problems in the unique environment of Louisiana law.
This second edition has been updated to reflect recent changes in the
law, especially the complete overhaul of the rules governing
agricultural collateral, the filing rules for Orleans Parish, and the
expanded application of the certificate of title perfection rules to
certain boats and motors.
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Noreuil, Chad. Arizona Bar Exam: Pass It Now. Carolina Academic Press, 2011. 250 pp. $76.00 ISBN: 978-1-611-63078-7.
This book breaks down every aspect of the Arizona bar exam, including
study strategies, approaches to writing effective essays, approaches
to scoring well on the MBE, MPT, and more. Unlike other current books
about passing the bar exam, this one is specific to the Arizona bar
exam. Moreover, this book particularly addresses writing strategies
and learning theory, both vital requirements for passing the bar exam.
If you want to pass the Arizona Bar Examination, you should read this
book.
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Noyes, Henry S. Law Of Direct Democracy. Carolina Academic
Press, 2013. 230 pp. $70.00 ISBN: 978-1-611-63276-7.
The Law Of Direct Democracy is the first casebook on direct
democracy. This book uses state and federal judicial opinions, the
text of ballot initiatives, statutes and constitutional provisions to
compare and contrast the various state laws that govern the ballot
initiative, the referendum and the recall. This book also contemplates
the role of interest groups, voters, courts and elected officials and
examines their ability to utilize, influence and limit the initiative
process. It provides students and instructors both the information
they need to learn the law of direct democracy and the tools to pursue
further inquiry on discrete topics of interest.
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Fordham University Press
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Feerick, John D. Twenty-fifth Amendment: Its Complete History
and Application. Fordham University Press, 2014. 536 pp. $80.00
ISBN: 978-0-823-25201-5.
"This book focuses on the Twenty-Fifth Amendment - its meaning,
legislative history, and applications. The Amendment has been
criticized for being vague and undemocratic. It has been praised for
making possible swift and orderly successions to the presidency and
vice [*452] presidency upon the occurance of some of the most
extraordinary events in American history. Its vice presidential
selection feature has been recommended as the best method for
selecting all Vice Presidents. The repeal of that feature and the
abolition of the vice presidency have also been suggested. Moreover,
throughout the Watergate crisis the Amendment was alluded to as
affording a means by which a President could transfer Presidential
power during an impeachment proceeding, and it was suggested as
authorizing a Vice President and Cabinetto suspend, so to speak, a
President during the period of impeachment trial before the Senate.
Judging by all the attention the Amendment has received and by the
number of presidential and vice presidential vacancies and illness
which have occurred in our history, one can expect that the
Twenty-Fifth Amendment will receive frequent application in the future
of our country."
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Hart Publishing
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Hohmann, Jessie. The Right to Housing: Law, Concepts, Possibilities. Hart Publishing, 2013.$100.00. ISBN: 978-1-849-46153-5.
A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions.
Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation.
The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence.
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Dolcetti, Andrea and James Edwards. Reading HLA Hart's 'The
Concept Of Law'. Hart Publishing, 2013. 390 pp. $44.00 ISBN:
978-1-849-46324-9.
[*453]
More than 50 years after it was first published, HLA Hart's The
Concept of Law remains the most important work of legal philosophy in
the English-speaking world. In this volume, written for both students
and specialists, 13 leading scholars look afresh at Hart's great book.
Unique in format, the book proceeds sequentially through all the main
ideas in The Concept of Law, with each contributor addressing a single
chapter of Hart's book and critically discussing its arguments in
light of subsequent developments in the field. Four concluding essays
assess the continued relevance for jurisprudence of the 'persistent
questions' identified by Hart at the beginning of The Concept of Law.
This book will be essential reading for all those interested in HLA
Hart, as well as all those interested in legal philosophy more
generally.
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Ogus, A. and W. H. van Boom. Juxtaposing Autonomy and Paternalism
in Private Law. Hart Publishing, 2014. 480 pp. $23.00 ISBN:
978-1-849-46118-4.
Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analysed, in particular the distinction between the coercive approach of 'hard paternalism' in the law, and the 'nudge' approach of 'soft paternalism'. Attention is then focused on how the tensions between the concepts are resolved in the law of contract, where deficient information and mistakes can justify an interventionist approach. Besides overviews of the issues within the general law of contract, and historical studies of the relevant principles in the common law and Roman law, the book also includes studies of specific areas, notably insurance contracts and consumer bankruptcy. The authors, from North America, the United Kingdom and continental Europe, include economists, sociologists and traditional legal scholars.
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Ayal, Adi. Fairness in Antitrust: Protecting the Strong From the Weak. Hart Publishing, 2014. 363 pp. $99.00 ISBN: 978-1-849-46515-1.
What drives popular support for state-enforced competition policy?
What is it about antitrust law that garners approval from both the
public and courts, to the point of demonizing large firms convicted of
antitrust offenses? This book argues that the populist roots of
antitrust are still with us, guiding sentiment towards a legal regime
that has otherwise shifted towards economic analysis. Antitrust is
very much about fairness and morality, and the book assesses how
modern policy has hijacked popular support - based on traditional
conceptions of political and economic power - to combat market power
in narrowly defined micro-markets. Beginning with history, but delving
into moral and political philosophy, the book shows how arguments
concerning fairness in antitrust - applied both to monopolists and
their victims - require a balancing test, based on context and
respecting the rights of both. While, traditionally, fairness
arguments were used to justify intervention where economic analysis
did not, the book assesses them from first principles, to show that
pure efficiency analysis is flawed from a moral standpoint when the
state intervenes. Protecting weak consumers from strong monopolists
may carry rhetorical weight, but the reality of antitrust is that the
state is much more powerful than almost all firms it regulates.
Protecting the strong from the weak, especially [*454] when 'weak'
consumers hold legal power and influence, might very well be a moral
imperative. Fairness in Antitrust offers a philosophical account of
the conundrum facing competition policy, which challenges widely-held
- yet often implicit and unfounded - beliefs.
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Samuel, Katja. OIC, The UN, and Counter-terrorism Law-Making:
Conflicting Or Cooperative Legal Orders?. Hart Publishing,
2013. 304 pp. $90.00 ISBN: 978-1-849-46267-9.
The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations.
This unique, timely, and carefully researched monograph examines one
such important yet generally under-researched and poorly understood
intergovernmental organization, the Organization of Islamic
Cooperation ('OIC', formerly the Organization of the Islamic
Conference). In particular, it analyses in depth its institutional
counter-terrorism law-making practice, and the relationship between
resultant OIC law and comparable UN norms in furtherance of UN Global
Counter-Terrorism Stategy goals. Furthermore, it explores two common
(mis)assumptions regarding the OIC, namely whether its internal
institutional weaknesses mean that its law-making practice is
inconsequential at the intergovernmental level; and whether its
self-declared Islamic objectives and nature are irrelevant to its
institutional practice or are instead reflected within OIC law.
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Wu, Qianlan. Competition Laws, Globalization and Legal Pluralism:
China's Experience. Hart Publishing, 2014. 336 pp. $27.00 ISBN:
978-1-849-46432-1.
Building upon a theoretical framework and empirical research, this
book provides a thought-provoking analysis of the interests,
strategies, and challenges that China has faced in developing its
anti-monopoly law in the context of economic globalization. Divided in
three sections, Part I reviews the directions of convergence of global
competition law. Part II provides a contextual analysis of China's
market governance and its strategic interests. Part III examines the
latest enforcement of the anti-monopoly law by focusing on the
interactions between global actors and China, the relationships
between Chinese competition and sectoral regulators, and the
enforcement of international competition laws and soft law norms in
the Chinese context. The book is one of the first to provide a
critical understanding of China's experience as a new competition
regulator, set against the background of the plural sources of global
competition laws.
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Yefremova, Maria, Svetlana Yakovleva, and Jane Henderson. Contract
Law in Russia. Hart Publishing, 2014. 108 pp. $44.00 ISBN:
978-1-849-46299-0.
In this book, Russian contract law is explained in a form
understandable to lawyers who are qualified in other countries,
especially common law countries. The introduction gives a concise
overview of the Russian legal system in general and contract law in
particular, as well as a brief insight into the history of contract
law in Russia. Then, the main concepts of Russian contract law are
[*455] explained, using the conceptual framework of English contract
law to make them accessible to someone not familiar with the codified
Russian system. The book not only considers the legislation regulating
Russian contractual relations, but also includes appropriate case law
to show how the legislation is interpreted. The focus is on contract
law as it actually operates, rather than merely the legislative texts.
It will be directly relevant to legal practitioners and others who
wish to acquire knowledge of the practical application of an important
element of the Russian legal system, as well as those seeking an
insight into the realities of codified law in action.
*****************
Courtney, Wayne. Contractual Indemnities. Hart Publishing,
2013. 424 pp. $45.00 ISBN: 978-1-849-46290-7.
Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity, while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises, general principles of construction, the determination of scope, and the enforcement of indemnities. The approach then moves from the general to the specific, by examining particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book also draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand, and Singapore.
*****************
Kouvo, Sari, and Zoe Pearson. Feminist Perspectives On
Contemporary International Law: Between Resistance and Compliance?.
Hart Publishing, 2013. 184 pp. $60.00 ISBN: 978-1-841-13428-4.
The essays in this volume analyze feminism's positioning vis-a-vis
international law and the current paradigms of international law. The
authors argue that, willingly or unwillingly, feminist perspectives on
international law have come to be situated between 'resistance' and
'compliance'. That is, feminist scholarship aims at deconstructing
international law to show why and how 'women' have been marginalised;
at the same time feminists have been largely unwilling to challenge
the core of international law and its institutions, remaining hopeful
of international law's potential for women. The analysis is clustered
around three themes: the first part, theory and method, looks at how
feminist perspectives on international law have developed and seeks to
introduce new theoretical and methodological tools (especially through
a focus on psychoanalysis and geography). The second part, national
and international security, focuses on how feminists have situated
themselves in relation to the current discourses of 'crisis', the
post-9/11 NGO 'industry' and the changing discourses of violence
against women. The third part, global and local justice, addresses
some of the emerging trends in international law, focusing especially
on transitional justice, state-building, trafficking and economic
globalization.
[*456]
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Gilligan, George. Integrity, Risk and Accountability in Capital Markets: Regulating Culture. Hart Publishing, 2013. 289 pp. $135.00 ISBN: 978-1-849-46567-0.
The global economy has yet to recover from the aftershocks of the
Global Financial Crisis (GFC). In particular, many national economies
are struggling to adjust to austerity programs that are a direct
result of the toxic effects of the crisis. Governments, regulatory
agencies, international organizations, media commentators, finance
industry organizations/professionals, academics, and affected citizens
have offered partial explanations for what has occurred. Some of these
actors have sought to introduce legislative and other regulatory
initiatives to improve operational standards in capital markets.
However, the exposure, post-GFC, of the scandal surrounding the
manipulation over many years of the London Interbank Offered Rate
(LIBOR) highlighted that the most important obstacles to counter the
destructive potential of our global finance system are normative, not
technical. Regulating the culture of the finance sector is one of the
greatest challenges facing contemporary society. This volume brings
together leading professionals, regulators, and academics with
knowledge of how cultural forces shape integrity, risk, and
accountability in capital markets. The book will be of benefit to
industry, regulatory, and academic communities whose focus is upon
financial markets and professionals. It will also be of value to any
person or organization interested in how the cultural underpinnings of
the finance sector shape how capital markets actually operate and are
regulated. It is a stark lesson of history that financial crises will
occur. As national economies become ever more inter-connected and
inter-dependent under conditions of global financial capitalism, it
becomes ever more important to know how cultural and other normative
forces might be adjusted to mitigate the effects of future disasters.
*****************
Casale, Giuseppe and Adalberto Perulli. Towards the Single Employment Contract: Comparative Reflections. Hart Publishing, 2013. 170 pp. $45.00 ISBN: 978-1-849-46581-6.
Aimed at academics and practitioners interested in the labor market
and labor legislation reforms, this book examines the concept the
single employment contract from the perspective of the EU (with
application outside of the EU as well), tracing it from its genesis
and evaluating its pros and cons in the context of current labor
market problems in selected European countries. The book adopts a
comparative approach to examine the single employment contract,
highlighting its virtues and revealing its inherent contradictions. It
sets out the general framework within which the current debate has
developed by outlining the origins that gave rise to the proposal of a
single employment contract. The book then reviews the debate on labor
market segmentation and the flexicurity proposal and examines the key
characteristics of the single employment contract, as well as the
arguments put forward both for and against it. Case studies show how
the idea has been taken up in France, Italy, and Spain. It concludes
with a concise review of contractual arrangements in EU labor markets
and of possible future projections and developments.
*****************
Lewis, Geoffrey. F.A. Mann: A Memoir. Hart Publishing, 2011. 504 pp. $35.00 ISBN: 978-1-849-46563-2. [*457]
Francis (F.A.) Mann was among the most brilliant of an exceptional
group of German-Jewish emigres who came to Britain in the 1930s to
escape persecution in Hitler's Germany. Born and educated in Germany,
Mann was to become one of Britain's most distinguished international
lawyers: a scholar of English, German, and international law; a
practitioner admired for his skill and tenacity; and the author of
countless books and articles on international and domestic law whose
views were very much shaped by his personal experiences and who in
turn helped to shape international law in the 20th century. F.A. Mann
enjoyed a traditional German education and was set for a career in the
law when Hitler came to power in 1933. Being Jewish, both Mann and his
wife Lore (also a brilliant law student) immediately left the country
of their birth for England. Mann was naturalized in 1946 and became an
ardent, if not uncritical, patriot. Having re-trained as a lawyer in
England, it was not long before his rapidly expanding practice merged
with that of Herbert Smith, which was to provide the setting in which
he developed into one of the most original and enterprising legal
practitioners of his day, and one of the most influential legal
writers of his generation. While Mann's reputation in the field of
international law spread throughout the world, in England he was that
rare thing - a true jurist, steeped in the learning of the civil and
common law, and a 'cosmopolitan' lawyer long before such a term had
entered the legal lexicon. This book is a personal recollection by
someone who knew him as a friend and professional colleague for more
than 30 years. For F.A. Mann's early life, the author has drawn upon
on the personal memories of family, colleagues, and friends, as well
as upon Mann's surviving papers, including the important and
revelatory series of letters that Mann wrote to his wife from Berlin
in 1946 where he was sent as a member of the Allied Control
Commission.
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Petersmann, Ernst-Ulrich. International Economic Law in the 21st
Century: Constitutional Pluralism and Multilevel Governance Of
Interdependent Public Goods. Hart Publishing, 2014. 258 pp.
$28.00 ISBN: 978-1-849-46063-7.
The State-centered 'Westphalian model' of international law has
failed to effectively protect human rights and other international
public goods. Most international trade, financial, and environmental
agreements do not even refer to human rights, consumer welfare,
democratic citizen participation, and transnational rule of law for
the benefit of citizens. This book argues that these 'multilevel
governance failures' are largely due to inadequate regulation of the
'collective action problems' in the supply of international public
goods, such as inadequate legal, judicial, and democratic
accountability of governments vis-a-vis citizens. Rather than treating
citizens as mere objects of intergovernmental economic and
environmental regulation and leaving multilevel governance of
international public goods to discretionary 'foreign policy, ' human
rights and constitutional democracy call for 'civilizing' and
'constitutionalizing' international economic and environmental
cooperation by stronger legal and judicial protection of citizens and
their constitutional rights in international economic law. Moreover,
intergovernmental regulation of transnational cooperation among
citizens must be justified by 'principles of justice' and 'multilevel
constitutional restraints' protecting rights of citizens and their
'public reason.' The reality of 'constitutional pluralism' requires
respecting legitimately diverse conceptions of human rights and
democratic constitutionalism. The obvious failures in the governance
of interrelated trading, financial, and environmental systems must be
restrained by cosmopolitan, constitutional conceptions of
international law, protecting the transnational rule of law and
participatory democracy for the benefit of citizens. [*458]
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George, Rob. Relocation Disputes: Law and Practice in England and New Zealand. Hart Publishing, 2014. 280 pp. $99.00 ISBN: 978-1-849-46466-6.
Relocation cases are disputes between separated parents which arise
when one parent proposes to move to a new geographic location with
their child and the other parent objects to the proposal. Relocation
disputes are widely recognized as being among the most difficult cases
facing family courts, and the law governing them is increasingly a
cause for debate at both national and international levels. This book
examines the different ways in which the legal systems of England and
New Zealand currently deal with relocation cases. Drawing on case law,
literature, and the views of legal practitioners in the two
jurisdictions, Relocation Disputes represents a major contribution to
the understanding of the everyday practice of relocation cases. The
empirical data reported in the book reveals the practical differences
between the English and New Zealand approaches to relocation, along
with a detailed analysis of the pros and cons of each system as seen
by judges, lawyers, and court experts who deal with these cases in
practice. This analysis leads to detailed criticisms and lessons that
can be learned, together with practical suggestions about possible
reforms of relocation law.
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Secher, Ulla. Aboriginal Customary Law: a Source Of Common Law
Title to Land. Hart Publishing, 2014. 256 pp. $95.00 ISBN:
978-1-849-46553-3.
Described as "ground-breaking" in Kent McNeil's Foreword, this book
develops an alternative approach to conventional Aboriginal title
doctrine. It explains that Aboriginal customary law can be a source of
common law title to land in former British colonies, whether they were
acquired by settlement or by conquest or cession from another
colonizing power. The doctrine of Common Law Aboriginal Customary
Title provides a coherent approach to the source, content, proof, and
protection of Aboriginal land rights, which overcomes problems arising
from the law as currently understood and leads to more just results.
The doctrine's applicability in Australia, Canada, and South Africa is
specifically demonstrated. While the jurisprudential underpinnings for
the doctrine are consistent with fundamental common law principles,
the book explains that the Australian High Court's decision in Mabo
provides a broader basis for the doctrine: a broader basis which is
consistent with a re-evaluation of case law from former British
colonies in Africa, as well as from the US, New Zealand, and Canada.
In this context, the book proffers a re-conceptualization of the
Crown's title to land in former colonies and a re-assessment of
conventional doctrines, including the doctrine of tenure and the
doctrine of continuity. It is a fresh and original study that is a
must read by all those interested in aboriginal property law and the
rights of indigenous people.
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Ghazaryan, Narine. European Neighbourhood Policy and the Democratic Values Of the EU: A Legal Analysis. Hart Publishing, 2014. 376 pp. $35.00 ISBN: 978-1-849-46278-5.
This book offers a legal analysis of the European Neighbourhood
Policy (the ENP) as it applies to developing relations with the EU's
neighbours. It explores the legal aspects of this policy, including
ENP competence matters, institutional arrangements and substantive
policy issues, using [*459] international relations theory as the
starting point in defining the EU's role as a political actor. The
book focuses on the adequacy of the ENP legal framework for
transposing the EU's democratic values and upholding its political
image. In this connection, the book also features an analysis of EU
democratic values as they are intended to be understood by its
neighbours. The relevant legal framework of this policy and its
implementation in the states of the South Caucasus (Georgia, Armenia
and Azerbaijan) is evaluated, revealing the effects of the ENP in
their democratic processes and the shortfalls of the ENP
conditionality.
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Chang, Wen-Chen, Li-Ann Thio, Kevin Y.L. Tan., and Jiunn-Rong Yeh. Constitutionalism in Asia: Cases and Materials. Hart Publishing, 2012. 540 pp. $100.00 ISBN: 978-1-849-46234-1.
This book is a collection of judiciously selected constitutional law
materials from Asia, designed for scholars and students of
constitutional law and comparative constitutional law. Divided into 11
chapters, the book is arranged thematically around key ideas and
controversies, enabling the reader to work through the major facets of
constitutionalism in the region. The book begins with a lengthy
introduction that critically examines the study of constitutional
orders in Asia, highlighting the histories, colonial influences, and
cultural particularities extant in the region. This chapter serves
both as a provisional orientation towards the major constitutional
developments seen in Asia - both unique and shared with other regions
- and as a guide to the controversies encountered in the study of
constitutional law in Asia. Each of the following chapters is framed
by an introductory essay setting out the issues and succinctly
highlighting critical perspectives and themes. The approach is one of
'challenge and response, ' whereby questions of constitutional
importance are posed and the reader is then led, by engaging with
primary and secondary materials, through how the various Asian States
respond to these questions and challenges. Chapter segments are
accompanied by notes, comments, and questions to facilitate critical
and comparative analysis, as well as recommendations for further
reading. The book presents a representative range of materials from
the following States: China, Japan, Mongolia, Taiwan, South Korea,
Hong Kong, the 10 ASEAN States, Timor-Leste, India, Pakistan,
Bangladesh, Sri Lanka, and Nepal.
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Kilpatrick, Claire and Joanne Scott. Critical Legal Perspectives On Global Governance: Liber Amicorum. David M Trubek. Hart Publishing, 2014. 166 pp. $27.00 ISBN: 978-1-849-46419-2.
This book of essays, written in honor of Professor David Trubek,
explores many of the themes which he himself has written about, most
notably the emergence of a global critical discourse on law and its
application to global governance. As law becomes ever more implicated
in global governance, and as processes related to and driven by
globalization transform legal systems at all levels, it is important
that critical traditions in law adapt to the changing legal order and
probl matique. The festschrift brings together critical scholars from
North American, South America, and the EU to explore the forms of law
that are emerging in the global governance context, the processes and
legal roles that have developed, and the critical discourses that have
been formed. The book shows the complexity of law in today's world and
demonstrates the value of critical legal thought for our understanding
of issues of contemporary governance and regulation. It looks at
critical appraisals of law at the [*460] global, regional, and
national level; the links among them; and the normative implications
of critical discourses. Scholars from many countries contribute
critical studies of global and regional institutions, explore the
governance of labor and development policy in depth, and discuss the
changing role of lawyers in global regulatory space.
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Gillespie, Alexander. Causes Of War: Volume 1: 3000 BCE to 1000 CE. Hart Publishing, 2014. 204 pp. $90.00 ISBN: 978-1-849-46500-7.
This is the first volume of a projected four-volume series charting
the causes of war from 3000 BCE to the present day, written by a
leading international lawyer, and using as its principal materials the
documentary history of international law largely in the form of
treaties and the negotiations which led up to them. These volumes seek
to show why millions of people, over thousands of years, slayed each
other. In departing from the various theories put forward by
historians, anthropologists and psychologists, Gillespie offers a
different taxonomy of the causes of war, focusing on the broader
settings of politics, religion, migrations and empire-building. These
four contexts were dominant and often overlapping justifications for
the first four thousand years of human civilisation, for which written
records exist.
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Scott, Helen. Unjust Enrichment in South African Law: Rethinking Enrichment By Transfer. Hart Publishing, 2014. 224 pp. $120.00 ISBN: 978-1-849-46223-5.
Conventional thinking teaches that the absence of liability - in
particular, contractual invalidity - is itself a reason for the
restitution of transfers in the South African law of unjustified
enrichment. However, this book argues that while the absence of a
relationship of indebtedness is a necessary condition for restitution
in such cases, it is not a sufficient condition. The book takes as its
focus those instances in which the invalidity thesis is strongest,
namely those traditionally classified as instances of the condictio
indebiti, the claim to recover undue transfers. It demonstrates that
in all such instances, it is necessary for the plaintiff to show not
only the absence of his liability to transfer, but also a specific
reason for restitution, such as mistake, compulsion, or incapacity.
Furthermore, it explores the reasons for the rise of unjust factors in
South African law, attributing this development in part to the
influence of the Roman Dutch .restitutio in integrum., an
extraordinary, equitable remedy that has historically operated
independently of the established enrichment remedies of the civilian
tradition and which even now remains imperfectly integrated into the
substantive law of unjustified enrichment. Finally, the book defends
in principled terms the mixed approach to enrichment by transfer
(namely unjust factors and absence of legal ground) which appears to
characterize modern South African law. It advocates the
rationalization of the causes of action comprised within the .condictio
indebiti., many of which are subject to additional
historically-determined requirements, in light of this mixed analysis.
Written by an expert in the field, this innovative book will be a
fascinating study for those interested in the field of restitution
law.
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Tourme-Jouannet, Emmanuelle. What is a Fair International Society?: International Law .[*461]. Between Development and Recognition. Hart Publishing, 2013. 318 pp. $48.00 ISBN: 978-1-849-46430-7.
Today's world is post-colonial and post-Cold War. These twin
characteristics explain why international society is also riddled with
the two major forms of injustice which Nancy Fraser identified as
afflicting national societies. First, the economic and social
disparities between states caused outcry in the 1950s when the first
steps were taken towards decolonisation. These inequalities, to which
a number of emerging states now contribute, are still glaring and
still pose the problem of the gap between formal equality and true
equality. Second, international society is increasingly confronted
with culture- and identity-related claims, stretching the dividing
line between equality and difference. The less-favoured states, those
that feel stigmatised, but also native peoples, ethnic groups,
minorities and women now aspire to both legal recognition of their
equal dignity and the protection of their identities and cultures.
Some even seek reparation for injustices arising from the past
violation of their identities and the confiscation of their property
or land.
In answer to these two forms of claim, the subjects of international
society have come up with two types of remedy encapsulated in legal
rules: the law of development and the law of recognition. These two
sets of rights are neither wholly autonomous and individualised
branches of law nor formalised sets of rules. They are imperfect and
have their dark side. Yet they can be seen as the first milestones
towards what might become a fairer international society; one that is
both equitable (as an answer to socio-economic injustice) and decent
(as an answer to cultural injustice).
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Banakar, Reza and Max Travers. Law and Social Theory: Second Edition. Hart Publishing, 2014. 208 pp. $23.00 ISBN: 978-1-849-46381-2.
There is a growing interest within law schools in the intersections
between law and different areas of social theory. The second edition
of this popular text introduces a wide range of traditions in
sociology and the humanities that offer provocative, contextual views
on law and legal institutions. The book is organised into six
sections, each with an introduction by the editors, on classical
sociology of law, systems theory, critical approaches, law in action,
postmodernism, and law in global society. Each chapter is written by a
specialist who reviews the literature, and discusses how the approach
can be used in researching different topics. New chapters include
authoritative reviews of actor network theory, new legal realism,
critical race theory, post-colonial theories of law, and the sociology
of the legal profession. Over half the chapters are new, and the rest
are revised in order to include discussion of recent literature.
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Lee, Maria. EU Environmental Law, Governance and Decision-Making:
Second Edition. Hart Publishing, 2013. 392 pp. $29.00 ISBN:
978-1-849-46421-5.
A vast and diverse body of EU law addresses an enormous range of
environmental matters. This book examines a number of areas of
substantive EU environmental law, focusing on the striking
preoccupation of EU environmental law with the structure of
decision-making. Now in its second edition, the book highlights the
observation that environmental protection and environmental [*462]
decision-making depend intimately both on detailed, specialized
information about the physical state of the world, and on political
judgments about values and priorities. It also explores the elaborate
mechanisms that attempt to bring these diverse decision-making
resources into EU environmental law, in areas including industrial
pollution, chemicals regulation, environmental assessment, and climate
change.
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Shi, Jingxia. Free Trade and Cultural Diversity in International Law. Hart Publishing, 2012. 360 pp. $28.00 ISBN: 978-1-849-46425-3.
This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity.
This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products.
The author seeks to formulate a balanced view of the challenge of
protecting and promoting cultural diversity while also recognising the
important goal of trade liberalisation. To this end Professor Shi
proposes a dual method through which the norms found in WTO agreements
and in UNESCO cultural instruments may be brought into alignment: the
first highlighting the compatibility of cultural policy measures with
trade obligations on a domestic level, the second suggesting potential
linkages between the WTO rules and the UNESCO Convention from the
perspectives of treaty interpretation.
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Harvard University Press
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Muirhead, Russell. Promise Of Party in a Polarized Age. Harvard University Press, 2014. 331 pp. $50.00 ISBN: 978-0-674-04683-2.
At the root of America s broken politics is hyperbolic partisanship.
It distorts perceptions, inflames disagreements, and poisons the
democratic process. Citizens pine for a time when liberals and
conservatives compromised with one another or they yearn for a
post-partisan future when the common good trumps ideology and
self-interest. Russell Muirhead argues that better partisanship, not
less partisanship, is the solution to America s political predicament.
Instead of striving to overcome our differences, we should learn how
to engage them.
The political conflicts that provide fodder for cable news shows are
not simply manufactured from thin air. However sensationalized they
become in the retelling, they originate in authentic [*463]
disagreements over what constitutes the common welfare. Republicans
vest responsibility in each citizen for dealing with bad decisions and
bad luck, and want every individual and family to enjoy the benefits
of good decisions and good luck. Democrats ask citizens to stand
together to insure one another against the worst consequences of
misfortune or poor judgment, and especially to insure children against
some of the consequences of their parents bad decisions or lack of
opportunities. These are fundamental differences that fantasies of
bipartisan consensus cannot dissolve.
Disagreement without parties is disempowering, Muirhead says. The
remedy is not for citizens and elected officials to learn to just get
along but for them to bring a skeptical sensibility even to their own
convictions, and to learn to disagree as partisans and govern through
compromise despite those disagreements."
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Lienau, Odette. Rethinking Sovereign Debt: Politics, Reputation, and Legitimacy in Modern Finance. Harvard University Press, 2014. 224 pp. $24.00 ISBN: 978-0-674-72506-5.
Conventional wisdom holds that all nations must repay debt.
Regardless of the legitimacy of the regime that signs the contract, a
country that fails to honor its loan obligations damages its
reputation, inviting still greater problems down the road. Yet
difficult dilemmas arise from this assumption. Should today's South
Africa be responsible for apartheid-era debt? Is it reasonable to
tether postwar Iraq with Saddam Hussein's excesses?
Rethinking Sovereign Debt" is a probing historical analysis of how
sovereign debt continuity--the rule that nations should repay loans
even after a major regime change, or expect reputational
consequences--became the consensus approach. Odette Lienau contends
that the practice is not essential for functioning international
capital markets, and demonstrates how it relies on ideas of absolutist
government that have come under fire over the last century.
Challenging previous accounts, Lienau incorporates a wealth of
original research to argue that Soviet Russia's repudiation of Tsarist
debt and Great Britain's 1923 arbitration with Costa Rica hint at the
feasibility of selective debt cancellation. She traces the notion of
debt continuity from the post-World War I era to the present,
emphasizing the role of government officials, the World Bank, and
private-market actors in shaping our existing framework.
Lienau calls on scholars and policymakers to recognize political
choice and historical precedent in sovereign debt and reputation, in
order to move beyond an impasse when a government is overthrown.
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Kendall Hunt Publishing
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Melone, Albert P. and Marc G. Pufong. Researching Constitutional Law. Kendall Hunt Publishing, 2014. 240 pp. $70.00 ISBN: 978-1-465-21358-7. [*464]
A good education is one that helps individuals acquire the skills necessary for living an independent and fulfilling life… Because it is their rights and privileges that are fundamentally at stake, it behooves all persons living in the United States to know how to find the law on the Constitution.
Completely updated throughout, .Researching Constitutional Law. is designed for all law-related courses such as administrative law, business law, criminal justice, law and society, legal studies, and paralegal studies. The fourth edition of .Researching Constitutional Law. includes a new chapter dedicated to writing a legal brief. The chapter contains instructions on why and how to write such documents with a sample legal brief.
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Lexington Books
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Andreopoulos, George, Robert J. Beck, Dave Benjamin; Brittany Bromfield, Richard Crawford, Aaron Fichtelberg, Becky Sims, Robert Weiner, and Stephanie Wolfe. Understanding International Law Through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect. Lexington Books, 2014. 534 pp. $180.00 ISBN: 978-0-739-17065-6.
Understanding International Law through Moot Courts: Genocide, Torture, Habeas Corpus, Chemical Weapons, and the Responsibility to Protect consists of five sets of opposing legal briefs and judge’s decisions for five moot court cases held before the International Court of Justice and the International Criminal Court. Each moot court brief included in the book addresses contemporary controversies in international affairs; issues ranging from the application of the newly emerging Responsibility to Protect (R2P) doctrine, to the torture of detainees, to the derogation from international due process protections. These moot court briefs and case judgments help students formulate legal arguments that will be applicable to other similar cases. They also provide students with excellent sources of international and domestic law, as well as greater comprehension of topics ranging from jurisdictional disputes to matters of evidence. Chapter 1 of the book provides an overview of the book as well as instructions regarding the construction of a moot court. Chapter two, by George Andreopoulos discusses the interrelationship between human rights and international criminal law. Chapters 3 through 7 are the cases. The introduction to each chapter (and subsequently each case) lays out the facts of the case in question, discusses (where applicable) issues associated with the material and contextual elements of the crimes(s) in question, provides additional topics for classroom discussion, and also places the issues of contention between the parties within the broader context of foreign affairs and international relations. After each set of briefs and legal judgments is an appendix which includes an example moot court, as well as an appendix that includes a set of alterable facts that students and faculty could adopt to change the general legal argument of the particular case.
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LFB Scholarly Publishing
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Vonderlack-Navarro, Rebecca. Immigrant Political Incorporation: the Role Of Hometown Associations. LFB Scholarly Publishing, 2014. 230 pp. $100.00 ISBN: 978-1-593-32721-7.
Vonderlack-Novarro examines Chicago's coalition of first-generation
Mexican hometown associations and their rocky path towards U.S.
political inclusion moving from the mass immigrant marches of 2006 to
the U.S. presidential elections of 2008. While hometown associations
have been known as transnational organizations influenced by the
Mexican government, by 2008 U.S. voting drives were a central
strategy. The strategy, however, came with costs: weakening the will
to mobilize for marches, internal fragmentation between leaders as
they vied for recognition with stronger organizations and government
leaders, and a political context that offered few concessions towards
immigrants along with intensified national and local repression.
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Lincoln Institute of
Land Policy
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Ostrom, Elinor and Daniel H. Cole. Property in Land and Other Resources. Lincoln Institute Of Land Policy, 2014. 1056 pp. $80.00 ISBN: 978-1-558-44221-4.
Over the past several years, much has been written about property rights in land and natural resources by scholars in many disciplines including economics, political science, history, and law. This book, based on a 2010 Lincoln Institute conference, addresses the tendency in social science literature to oversimplify the concept of property rights by assuming that only two or three forms of property rights are appropriate for the effective use and conservation of resources. Instead it focuses on recent developments in our understanding of how various property systems are applied to and affect the use of scarce natural resources.
The chapters explore the multiple aspects of diverse resources in
the design and implementation of property rights systems. The volume
also includes a foreword by Douglass C. North and a keynote chapter by
Thra¡inn Eggertsson, who discusses issues related to property rights
institutions and the environment using six case studies from his
native Iceland, where relatively simple and transparent institutions
are ideal for identifying social regularities with general
applicability.
The topics addressed in the other chapters and accompanying
commentaries include: the nature and variety of existing property
systems; new thinking about the California gold rush; the role of
psychological entitlement in property allocation; evolving property
regimes governing fisheries; the evolution of zoning; attributes of
property regimes governing water resources; the nature of property
rights in tradable pollution permits; how regulations sometimes create
property; and mechanisms for ameliorating property conflicts that
arise from the presence of endangered species on privately owned
lands.
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New York University Press
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Walters, Susana Danuta. The Tolerance Trap: How God, Genes, and Good Intentions are Sabotaging Gay Equality. New York University Press, 2014. 343 pp. $29.95. ISBN:978-0-8147-7057-3.
From .Glee. to gay marriage, from lesbian senators to out
gay Marines, we have undoubtedly experienced a seismic shift in
attitudes about gays in American politics and culture. Our reigning
national story is that a new era of rainbow acceptance is at hand. But
dig a bit deeper, and this seemingly brave new gay world is
disappointing. For all of the undeniable changes, the plea for
tolerance has sabotaged the full integration of gays into American
life. Same-sex marriage is unrecognized and unpopular in the vast
majority of states, hate crimes proliferate, and even in the much
vaunted “gay friendly” world of Hollywood and celebrity culture,
precious few stars are openly gay.
In The Tolerance Trap, Suzanna Walters takes on received
wisdom about gay identities and gay rights, arguing that we are not
“almost there,” but on the contrary have settled for a watered-down
goal of tolerance and acceptance rather than a robust claim to full
civil rights. After all, we tolerate unpleasant realities: medicine
with strong side effects, a long commute, an annoying relative.
Drawing on a vast array of sources and sharing her own personal
journey, Walters shows how the low bar of tolerance demeans rather
than ennobles both gays and straights alike. Her fascinating
examination covers the gains in political inclusion and the
persistence of anti-gay laws, the easy-out sexual freedom of queer
youth and the suicides and murders of those in decidedly intolerant
environments. She challenges both “born that way” storylines that root
civil rights in biology, and “god made me that way” arguments that
similarly situate sexuality as innate and impervious to decisions we
make to shape it. A sharp and provocative cultural critique, this book
deftly argues that a too-soon declaration of victory short-circuits
full equality and deprives us all of the transformative possibilities
of full integration. Tolerance is not the end goal, but a dead end. In
The Tolerance Trap, Walters presents a complicated snapshot
of a world-shifting moment in American history—one that is both a
wake-up call and a call to arms for anyone seeking true equality.
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Walters, Suzanna Danuta. Tolerance Trap: How God, Genes, and Good Intentions Are Sabotaging Gay Equality. New York University Press, 2010. 1012 pp. $167.00 ISBN: 978-0-814-77057-3.
From Glee to gay marriage, from lesbian senators to out gay Marines,
we have undoubtedly experienced a seismic shift in attitudes about
gays in American politics and culture. Our reigning national story is
that a new era of rainbow acceptance is at hand. But dig a bit deeper,
and this seemingly brave new gay world is disappointing. For all of
the undeniable changes, the plea for tolerance has sabotaged the full
integration of gays into American life. Same-sex marriage is
unrecognized and unpopular in the vast majority of states, hate crimes
proliferate, and even in the much vaunted gay friendly world of
Hollywood and celebrity culture, precious few stars are openly gay.
In The Tolerance Trap, Suzanna Walters takes on received wisdom about gay identities and gay rights, arguing that we are not almost there, but on the contrary have settled for a watered-down goal of tolerance and acceptance rather than a robust claim to full civil rights. After all, we tolerate [*467] unpleasant realities: medicine with strong side effects, a long commute, an annoying relative. Drawing on a vast array of sources and sharing her own personal journey, Walters shows how the low bar of tolerance demeans rather than ennobles both gays and straights alike. Her fascinating examination covers the gains in political inclusion and the persistence of anti-gay laws, the easy-out sexual freedom of queer youth and the suicides and murders of those in decidedly intolerant environments. She challenges both born that way storylines that root civil rights in biology, and god made me that way arguments that similarly situate sexuality as innate and impervious to decisions we make to shape it. A sharp and provocative cultural critique, this book deftly argues that a too-soon declaration of victory short-circuits full equality and deprives us all of the transformative possibilities of full integration.
Tolerance is not the end goal, but a dead end. In The Tolerance
Trap, Walters presents a complicated snapshot of a
world-shifting moment in American history--one that is both a wake-up
call and a call to arms for anyone seeking true equality.
*****************
Al-Shafii, Muhhamad and Joseph Lowry. Epistle On Legal Theory. New York University Press, 2013. 304 pp. $65.00 ISBN: 978-0-814-76998-0.
The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.
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Boraine, Alex. What's Gone Wrong?: South Africa On the Brink Of Failed Statehood. New York University Press, 2014. 481 pp. $110.00 ISBN: 978-1-479-85497-4.
This is the book that Alex Boraine never wanted to write. As a native South African and a witness to the worst years of apartheid, he has known many of the leaders of the African National Congress in exile. He shared the jubilation of millions of South Africans when the ANC won the first democratic elections in 1994 and took up the reins of government under the presidency of Nelson Mandela.
Now, two decades later, he is forced to wonder what exactly has gone wrong in South Africa. [*468] Intolerance and corruption are the hallmarks of the governing party, while the worsening state of education, health, safety and security and employment strengthen the claim that South Africa is a failing state. Boraine explores this urgent and critical issue from the vantage point of wide experience as a minister, parliamentarian, co-founder of the Institute for Democracy in South Africa (IDASA) and Vice Chairperson of South Africa's Truth and Reconciliation Committee. He digs deep into the history of the ANC and concludes that both in exile and today, the ANC is slavishly committed to one party as the dominant ruling factor. All else - the Executive, Parliament, the Judiciary, civil society and the media - take second and third place. The ANC, Boraine claims, seeks to control every institution.
What's Gone Wrong? pulls no punches, but it also goes beyond strong
criticism and offers a number of constructive proposals, including the
re-alignment of politics as a way of preventing South Africa becoming
a failed state. As South Africa mourns the loss of Mandela and embarks
on another national election, with the ANC likely to begin a third
decade of rule, this incisive, detailed critique is required reading
for all who are interested in the fate of this young nation.
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McClain, Linda C. and Daniel Cere. What is Parenthood?: Contemporary Debates About the Family. New York University Press, 2013. 604 pp. $108.00 ISBN: 978-0-814-75942-4.
Extraordinary changes in patterns of family life--and family
law--have dramatically altered the boundaries of parenthood and opened
up numerous questions and debates. What is parenthood and why does it
matter? How should society define, regulate, and support it? Is
parenthood separable from marriage--or couplehood--when society seeks
to foster children's well-being? What is the better model of
parenthood from the perspective of child outcomes? Intense
disagreements over the definition and future of marriage often rest
upon conflicting convictions about parenthood. What Is Parenthood?
asks bold and direct questions about parenthood in contemporary
society, and it brings together a stellar interdisciplinary group of
scholars with widely varying perspectives to investigate them. Editors
Linda C. McClain and Daniel Cere facilitate a dynamic conversation
between scholars from several disciplines about competing models of
parenthood and a sweeping array of topics, including single
parenthood, adoption, donor-created families, gay and lesbian parents,
transnational parenthood, parent-child attachment, and gender
difference and parenthood.
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Levinson, Sanford, Paul Woodruff, and Joel Parker. Loyalty: Nomos
Liv. New York University Press, 2013. 284 pp. $85.00 ISBN:
978-0-814-78593-5.
Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one’s moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, .Loyalty. presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. The volume begins with a philosophical exploration of theories of loyalty, both Eastern and Western, then moves to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer-client relationships. A fair and balanced analysis from a wide range of disciplinary and normative viewpoints, .Loyalty. infuses new life into an oft-tread avenue of scholarly inquiry. [*469]
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Larson, Erik W. and Patrick D. Schmidt. Law & Society Reader II. New York University Press, 2013. 400 pp. $38.00 ISBN: 978-0-814-77061-0.
Law and society scholars challenge the common belief that law is
simply a neutral tool by which society sets standards and resolves
disputes. Decades of research shows how much the nature of
communities, organizations, and the people inhabiting them affect how
law works. Just as much, law shapes beliefs, behaviors, and wider
social structures, but the connections are much more nuanced--and
surprising--than many expect.
Law and Society Reader II provides readers an accessible overview to
the breadth of recent developments in this research tradition,
bringing to life the developments in this dynamic field. Following up
a first Law and Society Reader published in 1995, editors Erik W.
Larson and Patrick D. Schmidt have compiled excerpts of 43
illuminating articles published since 1993 in The Law &
Society Review, the flagship journal of the Law and Society
Association.
By its organization and approach, this volume enables readers to join
in discussing the key ideas of law and society research. The
selections highlight the core insights and developments in this
research tradition, making these works indispensable for those
exploring the field and ideal for classroom use. Across six
concisely-introduced sections, this volume analyzes inequality,
lawyering, the relation between law and organizations, and the place
of law in relation to other social institutions.
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Gleick, Peter H., Juliet Christian-Smith, and Heather Cooley. A Twenty-first Century U.S. Water Polic.y. Oxford University Press, 2013. 365 pp. $135.00 ISBN: 978-0-199-85944-3.
It is zero hour for a new US water policy! At a time when many countries are adopting new national approaches to water management, the United States still has no cohesive federal policy, and water-related authorities are dispersed across more than 30 agencies. Here, at last, is a vision for what we as a nation need to do to manage our most vital resource. In this book, leading thinkers at world-class water research institution the Pacific Institute present clear and readable analysis and recommendations for a new federal water policy to confront our national and global challenges at a critical time.
What exactly is at stake? In the 21st century, pressures on water resources in the United States are growing and conflicts among water users are worsening. Communities continue to struggle to meet water quality standards and to ensure that safe drinking water is available for all. And new challenges are arising as climate change and extreme events worsen, new water quality threats [*470] materialize, and financial constraints grow. Yet the United States has not stepped up with adequate leadership to address these problems. The inability of national policymakers to safeguard our water makes the United States increasingly vulnerable to serious disruptions of something most of us take for granted: affordable, reliable, and safe water. This book provides an independent assessment of water issues and water management in the United States, addressing emerging and persistent water challenges from the perspectives of science, public policy, environmental justice, economics, and law. With fascinating case studies and first-person accounts of what helps and hinders good water management, this is a clear-eyed look at what we need for a 21st century U.S. water policy.
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Goldberg, Daniel S. The Death Of the Income Tax: a Progressive Consumption Tax and the Path to Fiscal Reform. Oxford University Press, Usa, 2013. 250 pp. $110.00 ISBN: 978-0-199-94880-2.
The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.
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Matthews, Michael D. Head Strong: Psychology and Military Dominance in the 21st Century. Oxford University Press, Usa, 2013. 490 pp. $50.00 ISBN: 978-0-199-91617-7.
Psychology is the science that will determine who wins and who loses
the wars of the 21st century, just as physics ultimately led the
United States to victory in World War II. Changes in the world's
political landscape coupled with radical advances in the technology of
war will greatly alter how militaries are formed, trained, and led.
Leadership under fire - and the traits and skills it requires - is
also changing. Grant, Lee, Pershing, Patton - these generals would not
succeed in 21st century conflicts.
In Head Strong: Psychology and Military Dominance in the 21st Century, Michael D. Matthews explores the many ways that psychology will make the difference for wars yet to come, from revolutionary advances in soldier selection and training to new ways of preparing soldiers to remain resilient in the face of horror and to engineering the super-soldier of the future. These advancements will ripple out to impact on the lives of all of us, not just soldiers. Amputees will have "intelligent" life-like prosthetics that simulate the feel and function of a real limb. Those exposed to trauma will have new and more effective remedies to prevent or treat post-traumatic stress disorder. And a revolution in training - based heavily in the military's increasing reliance on immersive simulations - will radically alter how police, fire, and first-responder personnel are trained in the future.
At its heart, war is the most human of endeavors. Psychology, as the science of human behavior, will prove essential to success in future war. Authored by a West Point military psychologist, this book is one of the first to expose us to the smarter wars, and the world around them, to come. [*471]
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Paradigm Publishers
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Annan, Kofi and Edward Mortimer. We the Peoples: a UN For the Twenty-first Century. Paradigm Publishers, 2013. 252 pp. $60.00 ISBN: 978-1-612-05558-9.
During his momentous time as Secretary-General of the UN, Kofi Annan played a decisive role in launching the Millennium Development Goals, establishing the International Criminal Court, and articulating the Responsibility to Protect as a guiding principle for international action. In 2001--just after the attacks of 9/11--he and the UN jointly received the Nobel Peace Prize for their work for a better organized and more peaceful world. These and other crucial events including the crises over Kosovo and East Timor, and the war in Iraq--are encapsulated in this book of Kofi Annan s key speeches throughout his term of office. These highlights have been carefully selected, edited, and introduced to give a broad view of Annan s most pressing concerns and the eloquence with which he addressed them. Covering subjects from development, health, and climate change to the prevention of genocide and the ideal of diversity, these statements show how deeply involved the UN was in the most important issues of the era. In them, Annan poignantly addresses not just political leaders and diplomats, but the individuals he considers emblematic of the dilemmas the world faces the young girl born in Afghanistan on the day Annan accepted the Nobel Peace Prize; the child soldier in Sierra Leone; and every one of the 23 members of what he calls the UN family killed by a truck bomb in Iraq. Separate chapters on Africa and the Middle East reveal Annan s special concern with some of the world s biggest challenges, ongoing in an era of crises in Syria, Egypt, and beyond.Since leaving the UN, Kofi Annan has established his own Foundation in Geneva and serves as Chairman of the the Alliance for a Green Revolution in Africa (AGRA), the Elders and the Africa Progress Panel. He received the very first MacArthur Award for International Justice; mediated a political settlement to end the post-election violence in Kenya in 2008; served as Joint Special Envoy of the UN and the Arab League for Syria (2012); and published a widely reviewed book, Interventions: A Life in War and Peace. These and other activities have confirmed his role as an influential global actor beyond his time at the UN. This book reminds us how his ideas and priorities were incubated and, indeed, proclaimed. His words on war, peace, humanity, and man s inhumanity to man still resonate in many ways and offer many pointers for maintaining and developing the UN as a vital instrument for humanity in the coming decades.
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Polity Press
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Femen, Andrew Brown, and Ackerman, Galia. Femen. Polity Press, 2013. 248 pp. $45.00 ISBN: 978-0-745-68322-5.[*472]
'Ukraine is not a brothel!' This was the first cry of rage uttered by Femen during Euro 2012. Bare-breasted and crowned with flowers, perched on their high heels, Femen transform their bodies into instruments of political expression through slogans and drawings flaunted on their skin. Humor, drama, courage and shock tactics are their weapons. Since 2008, this 'gang of four' - Inna, Sasha, Oksana and Anna - has been developing a spectacular, radical, new feminism. First in Ukraine and then around the world, they are struggling to obtain better conditions for women, but they also fight poverty, discrimination, dictatorships and the dictates of religion. These women scale church steeples and climb into embassies, burst into television studios and invade polling stations. Some of them have served time in jail, been prosecuted for 'hooliganism' in their home country and are banned from living in other states. But thanks to extraordinary media coverage, the movement is gaining imitators and supporters in France, Germany, Brazil and elsewhere. Inna, Sasha, Oksana and Anna have an extraordinary story and here they tell it in their own words, and at the same time express their hopes and ambitions for women throughout the world.
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Sjoberg, Laura. Gender, War, and Conflict. Polity Press, 2013. 272 pp. $25.00 ISBN: 978-0-745-66002-8.
From Pakistan to Chechnya, Sri Lanka to Canada, pioneering women are taking their places in formal and informal military structures previously reserved for, and assumed appropriate only for men. Women have fought in wars, either as women or covertly dressed as men, throughout the history of warfare, but only recently have they been allowed to join state militaries, insurgent groups, and terrorist organizations in unprecedented numbers. This begs the question - how useful are traditional gendered categories in understanding the dynamics of war and conflict? And why are our stories of gender roles in war typically so narrow? Who benefits from them? In this illuminating book, Laura Sjoberg explores how gender matters in war-making and war-fighting today. Drawing on a rich range of examples from conflicts around the world, she shows that both women and men play many more diverse roles in wars than either media or scholarly accounts convey. Gender, she argues, can be found at every turn in the practice of war; it is crucial to understanding not only 'what war is', but equally how it is caused, fought and experienced. With end of chapter questions for discussion and guides to further reading, this book provides the perfect introduction for students keen to understand the multi-faceted role of gender in warfare. "Gender, War and Conflict" will challenge and change the way we think about war and conflict in the modern world.
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Mcbride, Cillian. Recognition. Polity Press, 2014. 241 pp. $27.00 ISBN: 978-0-745-64847-7.
A tension between the desire to be respected as an equal and the
desire to distinguish oneself as a unique person lies at the heart of
the modern social order. Everyone cares about recognition: no one
wants to be treated with disrespect, insulted, humiliated, or simply
ignored. This basic motivation drives the 'politics of recognition'
which we see in those struggles for inclusion and equality in relation
to gender, ethnicity, race and sexuality and which seek to affirm the
public value of these particular identities. In this compelling new
book Cillian McBride argues that the notion of [*473] recognition is
not merely confined to these struggles, but has a long history, from
ancient ethical ideals centred on the achievement of honour and glory,
to Enlightenment ideals of human dignity and equality. He explores the
politics of cultural rights and recognition, the conflict between
dignity and esteem, the role of shame and stigma in systems of social
control and punishment, the prospects for a just society in which
everyone receives the recognition they deserve, and the way in which
we come to be independent, self-determining persons through
negotiating the networks of social recognition we inhabit.
"Recognition" will be essential reading for students in philosophy and
political theory, and any general readers interested in trying to
understand and evaluate the role of recognition in the modern world.
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Phipps, Alison. The Politics Of the Body: Gender in a Neoliberal and Neoconservative Ag.e. Polity Press, 2014. 121 pp. $13.00 ISBN: 978-0-745-64888-0.
The body is a site of impassioned, fraught and complex debate in the
West today. In one political moment, left-wingers, academics and
feminists have defended powerful men accused of sex crimes, positioned
topless pictures in the tabloids as empowering, and opposed them for
sexualizing breasts and undermining their 'natural' function. At the
same time they have been criticized by extreme-right groups for
ignoring honour killings and other 'culture-based' forms of violence
against women. How can we make sense of this varied terrain? In this
important and challenging new book, Alison Phipps constructs a
political sociology of women's bodies around key debates: sexual
violence, gender and Islam, sex work and motherhood. Her analysis
uncovers dubious rhetorics and paradoxical allegiances, and
contextualizes these within the powerful coalition of neoliberal and
neoconservative frameworks. She explores how 'feminism' can be
caricatured and vilified at both ends of the political spectrum,
arguing that Western feminisms are now faced with complex problems of
positioning in a world where gender often comes second to other
political priorities.
This book provides a welcome investigation into Western politics
around women's bodies, and will be particularly useful to scholars and
upper-level students of sociology, political science, gender studies
and cultural studies, as well as to anyone interested in how bodies
become politicized.
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Evans, Brad and Julian Reid. Resilient Life: The Art Of Living Dangerously. Polity Press, 2014. 200 pp. $25.00 ISBN: 978-0-745-67152-9.
What does it mean to live dangerously? This is not just a
philosophical question or an ethical call to reflect upon our own
individual recklessness. It is a deeply political issue, fundamental
to the new doctrine of 'resilience' that is becoming a key term of art
for governing planetary life in the 21st Century. No longer should we
think in terms of evading the possibility of traumatic experiences.
Catastrophic events, we are told, are not just inevitable but learning
experiences from which we have to grow and prosper, collectively and
individually. Vulnerability to threat, injury and loss has to be
accepted as a reality of human existence. In this original and
compelling text, Brad Evans and Julian Reid explore the political and
philosophical stakes of the resilience turn in security and
governmental thinking. Resilience, they argue, is a neo-liberal deceit
that works by disempowering [*474] endangered populations of
autonomous agency. Its consequences represent a profound assault on
the human subject whose meaning and sole purpose is reduced to
survivability. Not only does this reveal the nihilistic qualities of a
liberal project that is coming to terms with its political demise. All
life now enters into lasting crises that are catastrophic unto the
end.
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Held, David, Charles Roger and Eva-Maria Nag. Climate Governance in the Developing World. Polity Press, 2014. 242 pp. $80.00 ISBN: 978-0-745-66277-0.
Since 2009, a diverse group of developing states that includes China,
Brazil, Ethiopia and Costa Rica has been advancing unprecedented
pledges to mitigate greenhouse gas emissions, offering new, unexpected
signs of climate leadership. Some scholars have gone so far as to
argue that these targets are now even more ambitious than those put
forward by their wealthier counterparts. But what really lies behind
these new pledges? What actions are being taken to meet them? And what
stumbling blocks lie in the way of their realization? In this book, an
international group of scholars seeks to address these questions by
analyzing the experiences of twelve states from across Asia, the
Americas and Africa. The authors map the evolution of climate policies
in each country and examine the complex array of actors, interests,
institutions and ideas that has shaped their approaches. Offering the
most comprehensive analysis thus far of the unique challenges that
developing countries face in the domain of climate change, "Climate
Governance in the Developing World" reveals the political, economic
and environmental realities that underpin the pledges made by
developing states, and which together determine the chances of success
and failure.
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Montero, Alfred P. Brazil: Reversal Of Fortune. Polity Press, 2013. 378 pp. $50.00 ISBN: 978-0-745-66165-0.
Once deemed a "dysfunctional" democracy with a "feckless" set of
political institutions and a "drunk" economy, today's Brazil has
undergone a complete reversal of fortune. Now in its third decade of
democracy, the economy is blossoming and large-scale development
projects are underway, including the exploitation of massive,
off-shore oil reserves, a nationwide effort to modernize
infrastructure, and preparations for the hosting of the 2014 World Cup
and the 2016 Olympics. Inequality and poverty are reducing and even
Brazil's political institutions are more governable and are producing
a higher-quality democracy than most observers once thought possible.
Alfred P. Montero's timely and wide-ranging book explores Brazil's
amazing "turnaround" - from improvements to the working of its
political institutions and judiciary, to the renewal of economic
growth, the advent of innovative social policy, and the emergence of a
new foreign policy agenda. Unpacking both overly optimistic as well as
pessimistic views of Brazilian politics and development, Montero
offers illuminating insights into the country's transformation and its
increasing significance on the international stage.
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Coker, Christopher. Can War Be Eliminated? .Polity Press,
2012. 202 pp. $17.00 ISBN: 978-0-745-67923-5.[*475]
Throughout history, war seems to have had an iron grip on humanity.
In this short book, internationally renowned philosopher of war,
Christopher Coker, challenges the view that war is an idea that we can
cash in for an even better one - peace. War, he argues, is central to
the human condition; it is part of the evolutionary inheritance which
has allowed us to survive and thrive. New technologies and new
geopolitical battles may transform the face and purpose of war in the
21st century, but our capacity for war remains undiminished. The
inconvenient truth is that we will not see the end of war until it
exhausts its own evolutionary possibilities.
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West, David. Social Movements in Global Politics. Polity Press, 2013. 288 pp. $30.00 ISBN: 978-0-745-64960-3.
"Social Movements in Global Politics" is a timely new account of the
unconventional, 'extra-institutional' activities of social movements.
In the face of impending global crises and stubborn conflicts, a
conventional view of politics risks leaving us confused and
fatalistic, feeling powerless because we are unaware of all that can
be achieved by political means. By contrast, a variety of recent
social movements, ranging from those of women, gays and lesbians and
anti-racists, to environmentalists, the Occupy movement and the Arab
Spring, demonstrate the enormous potential of political action beyond
the institutional sphere of politics. At the same time, religious
fundamentalists, racial supremacists and ultra-nationalists make clear
that movements are not necessarily progressive and are often at odds
with one another. West highlights the many ways in which national and
global institutions depend on a broader context of extra-institutional
action or what is, in effect, the formative dimension of politics. He
explores some of the major contributions of social movements: from the
genealogy of liberal democratic nation-states, sixties' radicalism and
the 'new social movements' to the politics of sexuality, gender and
identity, the politicization of nature and climate, and
alter-globalization. The book also considers current theoretical
approaches and sets out the basis for a critical theory of social
movements. This is a fresh and original account of social movements in
politics and will be essential reading for any students and scholars
interested in the challenges and the unpredictable potential of
political action.
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Kane, Tom. Strategy: Key Thinkers. Polity Press, 2013. 222 pp. $95.00 ISBN: 978-0-745-64353-3.
Over twenty two centuries ago, the Greek general Pyrrhus questioned
the real gains of military victory. Today we might reflect on the
recent wars in Iraq and Afghanistan in much the same way. War is not
only cruel but capricious; its outcomes are often bitter and
frustrating, even for the winning side. "Strategy: Key Thinkers"
expertly introduces the ideas of major strategic thinkers whose work
explores the complex challenges associated with the use of military
force. Early chapters deal with the foundational work of Sun Tzu
(Sunzi), Thucydides, Vegetius, Machiavelli and Carl von Clausewitz and
their relevance to problems facing Western militaries today. The book
then considers broader issues, such as the distinctive importance of
air and maritime operations, the difficulty of waging offensive land
warfare in the face of modern firepower, the implications of nuclear
weapons, and the potential of irregular warfare. It concludes by
highlighting key themes which connect - and distinguish - the works
under consideration, noting how these similarities and differences can
[*476] inform the strategic debates of the early twenty-first century.
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Harris, Stuart. China's Foreign Policy. Polity Press, 2013. 251 pp. $25.00 ISBN: 978-0-745-66247-3.
China’s inexorable rise as a major world power is one of the defining features of the contemporary political landscape. But should we heed the warnings of a so-called ‘China threat?’ Is China set to become the next superpower? Or will its ambitions be tempered by economic and political realities both at home and abroad?
In this insightful and balanced analysis, noted China expert Stuart
Harris explores China’s present foreign policy and its motivations,
focusing in particular on the extent to which China will co-operate
with the West in years to come. He considers what factors,
international or domestic, will influence the foreign policies being
shaped in Beijing, including how far the Chinese regime will adhere to
existing global norms and the evolving international system. In
contemplating this uncertain future, Harris assesses the considerable
challenges and vulnerabilities likely to impact on Chinese foreign
policy, leading it to be cautious and hesitant or assertive and
aggressive on the international stage. Concise and authoritative, this
book will be essential reading for anyone seeking a clearer
understanding of the international relations of one of the world’s
most important powers.
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Diehl, Paul F. and Alexandru Balas. Peace Operations. Polity Press, 2013. 196 pp. $70.00 ISBN: 978-0-745-67181-9.
As peace operations become the primary mechanism of conflict
management used by the UN and regional organizations, understanding
their problems and potential is essential for a more secure world. In
this revised and updated second edition, Paul Diehl and Alex Balas
provide a cutting-edge analysis of the central issues surrounding the
development, operation, and effectiveness of peace operations. Among
many features, the book: Traces the historical development of peace
operations from their origins in the early 20th century through the
development of modern peace-building missions and multiple
simultaneous peace operations. Tracks changes over time in the size,
mission and organization of peace operations. Analyses different
organizational, financial, and troop provisions for peace operations,
as well as assessing alternatives. Lays out criteria for evaluating
peace operations and details the conditions under which such
operations are successful. Drawing on a wide range of examples from
those between Israel and her neighbors to more recent operations in
Bosnia, Somalia, Darfur, East Timor, and the Congo, this new edition
brings together the body of scholarly research on peace operations to
address those concerns. It will be an indispensable guide for
students, practitioners and general readers wanting to broaden their
knowledge of the possibilities and limits of peace operations today.
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Ogden, Christopher. Indian Foreign Policy: Ambition and
Transition. Polity Press, 2014. 240 pp. $23.00 ISBN:
978-0-745-66087-5. [*477]
India is becoming an increasingly visible, powerful and influential
state within the global system. As this rise to prominence continues,
better appreciating the interests and principles that structure the
international interactions of South Asia's largest state has never
been so important. Keen to embrace an expectant future as a great
power, India's transitional journey has been characterised by
astounding diplomatic achievements and significant strategic
failures.In this robust and comprehensive analysis, Chris Ogden
introduces students to the key dimensions of Indian foreign policy
from her emergence as a modern state in 1947 to the present day.
Combining theoretical insight with numerous case studies and profiles,
he examines the foreign policy making process, strategic thinking, the
crucial search for economic growth, and India's difficult regional
position and troubled borders. Tracking the trajectory of one of the
21st century's major Asian and global powers, later chapters focus on
New Delhi's multilateral interaction, great power dynamics, and
expanding relations with the United States and the world. Critically
assessing what kind of great power India can and wants to be, this
wide-ranging introduction will be an invaluable text for students of
South Asian politics, foreign policy, and international relations.
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McNay, Lois. The Misguided Search For the Political: Social Weightlessness in Radical Democratic Theory. Polity Press, 2014. 266 pp. $95.00 ISBN: 978-0-745-66263-3.
There has been a lively debate amongst political theorists about
whether certain liberal concepts of democracy are so idealized that
they lack relevance to 'real' politics. Echoing these debates, Lois
McNay examines in this book some theories of radical democracy and
argues that they too tend to rely on troubling abstractions - or what
she terms 'socially weightless' thinking. They often propose ideas of
the political that are so far removed from the logic of everyday
practice that, ultimately, their supposed emancipatory potential is
thrown into question. Radical democrats frequently maintain that what
distinguishes their ideas of the political from others is the
fundamental concern with unmasking and challenging unrecognized forms
of inequality and domination that distort everyday life. But this
supposed attentiveness to power is undermined by the invocation of
rarefied models of political action that treat agency as an
unproblematic given and overlook certain features of the embodied
experience of oppression. The tendency of radical democrats to define
democratic agency in terms of dynamics of perpetual flux, mobility and
agonism passes over too swiftly the way in which objective structures
of oppression are often taken into the body as subjective
dispositions, leaving individuals with the feeling that they are
unable to do little more than endure a state of affairs beyond their
control.Drawing on the work of Adorno, Bourdieu and Honneth, amongst
others, McNay argues that in order to make good the critique of power,
radical democratic theory should attend more closely to a
phenomenology of negative social experience and what it can reveal
about the social conditions necessary for effective political agency.
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Buzan, Barry. An. Introduction to the English School Of International Relations: the Societal Approach. Polity Press, 2014. 250 pp. $23.00 ISBN: 978-0-745-65315-0.
Barry Buzan has led the rejuvenation of the English school since the turn of the century. This gem of a book is the culmination of his research leadership of this important theoretical domain of [*478] contemporary international relations. Readers will be pleased to find plenty of the analytical insight for which the author is renowned, supplemented by sharp commentaries on aspects of the historical, structural, and normative dimensions of the English school. Tim Dunne, University of Queensland This book is the culmination of Buzan's call for a reconvening of the English School. Every conceivable aspect of the English School, what Buzan describes as a great conversation about international and world society, is included in this impressive book. Students and scholars alike will want to have this on their bookshelf. Brian C. Schmidt, Carleton University.
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Zielonka, Jan. Is the EU Doomed. Polity Press, 2014. 274 pp. $50.00 ISBN: 978-0-745-68397-3.
The European Union is in crisis. Crippled by economic problems,
political brinkmanship, and institutional rigidity, the EU faces an
increasingly uncertain future. In this compelling essay, leading
scholar of European politics, Jan Zielonka argues that although the EU
will only survive in modest form - deprived of many real powers -
Europe as an integrated entity will grow stronger. Integration, he
contends, will continue apace because of European states' profound
economic interdependence, historic ties and the need for political
pragmatism. A revitalized Europe led by major cities, regions and
powerful NGOs will emerge in which a new type of continental
solidarity can flourish. The EU may well be doomed, but Europe
certainly is not.
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Hulme, Mike. Can Science Fix Climate Change?: A Case Against Climate Engineering. Polity Press, 2014. 226 pp. $110.00 ISBN: 978-0-745-68206-8.
Climate change seems to be an insurmountable problem. Political
solutions have so far had little impact. Some scientists are now
advocating the so-called 'Plan B', a more direct way of reducing the
rate of future warming by reflecting more sunlight back to space,
creating a thermostat in the sky. In this book, Mike Hulme argues
against this kind of hubristic techno-fix. Drawing upon a
distinguished career studying the science, politics and ethics of
climate change, he shows why using science to fix the global climate
is undesirable, ungovernable and unattainable. Science and technology
should instead serve the more pragmatic goals of increasing societal
resilience to weather risks, improving regional air quality and
driving forward an energy technology transition. Seeking to reset the
planet's thermostat is not the answer. Climate change seems to be an
insurmountable problem. Political solutions have so far had little
impact. Some scientists are now advocating the so-called 'Plan B', a
more direct way of reducing the rate of future warming by reflecting
more sunlight back to space, creating a thermostat in the sky. In this
book, Mike Hulme argues against this kind of hubristic techno-fix.
Drawing upon a distinguished career studying the science, politics and
ethics of climate change, he shows why using science to fix the global
climate is undesirable, ungovernable and unattainable. Science and
technology should instead serve the more pragmatic goals of increasing
societal resilience to weather risks, improving regional air quality
and driving forward an energy technology transition. Seeking to reset
the planet's thermostat is not the answer.
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Tonge, Jonathan. Comparative Peace Processes. Polity Press, 2014. 245 pp. $25.00 ISBN: 978-0-745-64290-1.
The term 'peace process' is now widely used to describe attempts to
manage and resolve [*479] conflict. As the nature of conflict has
changed, so the range of available tools for producing peace has
grown. Alongside a plethora of political actions, there is now a
greater international awareness of how peace can be brokered and
policed. As a result, peace processes now extend well beyond the
actuality of ceasefires and an absence of war to cover legacy issues
of victims, truth and reconciliation. This book expertly examines the
practical application of solutions to conflict. The first part
analyses various political means of conflict management, including
consociational power-sharing, partition, federalism and devolution.
The second explores the extent to which these political formulas have
been applied - or ignored - in a wide range of conflicts including
Bosnia-Herzegovina, Northern Ireland, Israel-Palestine, Lebanon, the
Basque Region and Sri Lanka."Comparative Peace Processes" combines
optimism with a realist approach to conflict management, acknowledging
that the propensity of dominant states to engage in political
experimentation is conditioned by the state of conflict. It will be a
valuable resource for anyone interested in general theories of
political possibilities in peace processes and the practical
deployment of political ideas in conflict zones.
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Yu, LiAnne. Consumption in China: How China's New Consumer Ideology is Shaping the Nation. Polity Press, 2014. 250 pp. $25.00 ISBN: 978-0-745-66971-7.
Consumption practices in China have been transformed at an
unprecedented pace. Under Mao Zedong, the state controlled nearly all
aspects of what people consumed, from everyday necessities to
entertainment and the media; today, shoddy state-run stores
characterized by a dearth of choices have made way for luxury malls
and hypermarkets filled with a multitude of products. "Consumption in
China" explores what it means to be a consumer in the world's fastest
growing economy. LiAnne Yu provides a multi-faceted portrait of the
impact of increased consumption on urban spaces, social status,
lifestyles, identities, and freedom of expression. The book also
examines what is unique and what is universal about how consumer
practices in China have developed, investigating the factors that
differentiate them from what has been observed among the already
mature consumer markets. Behind the often staggering statistics about
China are the very human stories that highlight the emotional and
social triggers behind consumption. This engaging book is a valuable
resource for students, scholars and business professionals interested
in a deeper understanding of what motivates China's consumers, and
what challenges they face as more aspects of everyday life become
commoditized.
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Princeton University Press
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Kaplow, Louis. Competition Policy and Price Fixing. Princeton University Press, 2014. 256 pp. $27.00 ISBN: 978-0-691-15862-4.
Throughout the world, the rule against price fixing is competition
law's most important and [*480] least controversial prohibition. Yet
there is far less consensus than meets the eye on what constitutes
price fixing, and prevalent understandings conflict with the teachings
of oligopoly theory that supposedly underlie modern competition
policy.
Competition Policy and Price Fixing" provides the needed analytical
foundation. It offers a fresh, in-depth exploration of competition
law's horizontal agreement requirement, presents a systematic analysis
of how best to address the problem of coordinated oligopolistic price
elevation, and compares the resulting direct approach to the orthodox
prohibition.
In doing so, Louis Kaplow elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, Kaplow shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, he explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior--and is also easier to apply.
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Quid Pro, Llc.
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Llewellyn, Karl N. and Stewart MacAulay. The Bramble Bush: On Our Law and Its Study. Quid Pro, Llc., 2014. 120 pp. $13.00 ISBN: 978-1-610-27134-9.
Written over 80 years ago, but highly relevant today, "The Bramble Bush" remains one of the books most recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, and exam-taking skills in a way that makes it a classic for each new generation.
The new Quid Pro "Legal Legends" Edition includes an extensive 2012 Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin. Macaulay updates the modern reader on the book's current relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read."
Llewellyn's pointed and clear explanations of case briefing before
class, visualization of case facts, active learning in class, the use
of precedent, exam formats, and the limits of logic have proved
timeless and highly practical. They remain excellent advice for
current students to consider [*481] and implement in their own journey
into the law. This is no Chamber of Commerce speech of mere platitudes
about law practice and the grandeur of the bar. To be sure, Llewellyn
believed in law school and legal education, and in dreaming big about
a life in the law. But he was-famously-a realist above all, and this
book gets to the nuts and bolts of studying law successfully in
traditional legal education.
Whether from the enduring nature of his hands-on advice, or from the
reality that the first year of law study and its classroom method
simply have not changed very much over the years, the book remains, by
all accounts, targeted to the way 'thinking like a lawyer' continues
in the modern law school.
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Stanford Law Books
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Barton, John. International Law and the Future Of Freedom. Stanford Law Books, 2014. 158 pp. $13.00 ISBN: 978-0-804-77669-1.
International Law and The Future of Freedom is the late John
Barton's exploration into ways to protect our freedoms in the new
global international order. This book forges a unique approach to the
problem of democracy deficit in the international legal system as a
whole by looking at how international law concretely affects actual
governance. The book draws from the author's unparalleled mastery of
international trade, technology, and financial law, as well as from a
wide array of other legal issues, from espionage law, to international
criminal law, to human rights law.
The book defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. Barton explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.
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University of British Columbia Press
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Larsen, Mike and Kevin Walby. Brokering Access: Power, Politics, and Freedom Of Information Process in Canada. University of British Columbia Press, 2014. 228 pp. $27.00 ISBN: 978-0-774-82323-4.
Is the business of public officials any of the public's business?
Most Canadians would argue [*482] that it is - that we citizens are
entitled to enquire and get answers about our government's actions.
Access to information (ATI) is widely regarded as a fundamental right,
consistent with the notion that a democratic government should be
open, accountable, and citizen-driven. Yet, on a practical level,
there still exists a struggle between the public's pursuit of
transparency and the government's persistent culture of secrecy.
Drawing together the unique perspectives of social scientists, journalists, and ATI advocates, "Brokering Access" explores the policies and practices surrounding access to information at the federal, provincial, and municipal levels. The book's four sections each explore a different aspect of ATI within a theoretical or practical framework. Beginning with a look at the history of ATI mechanisms and a summary of the key features of contemporary ATI laws, "Brokering Access" goes on to tackle issues of security and information control; illustrates how ATI can be used as a data production method in the social sciences; and finally chronicles the experiences of some of Canada's most prominent journalistic users of ATI. This volume sheds new light on a subject that affects all Canadians.
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University Of
Chicago Press
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Levi, Edward H., Jack Fuller, and Larry Kramer. Restoring Justice: the Speeches Of Attorney General Edward H. Levi. University Of Chicago Press, 2013. 310 pp. $100.00 ISBN: 978-0-226-04131-5.
This slim volume of selected speeches from Edward H. Levi's tenure as U.S. attorney general from 1975 to 1977 comes at an appropriate time. In the wake of Watergate, Levi worked hard to restore the Justice Department's good name, and to rein in the excesses of the national security state. Levi, a former law professor and then president at the University of Chicago, was a sophisticated thinker and a man of high integrity. While making the reforms already mentioned, he carefully explained what he was doing and why in a series of speeches.
Jack Fuller, a Pultizer-prize-winning former editor and publisher of
the .Chicago Tribune .who served as special assistant to
Levi in the Justice Department, has done a fine job of selecting
speeches that convey the essence of Levi's tenure as attorney general.
Restoring Justice. is divided into three chapters. The first,
entitled "A Crisis of Legitimacy," deals with the difficulties facing
the Justice Department after former U.S. Attorney General John
Mitchell went to prison for his misdeeds during Watergate. The second,
"The Constitution and the Idea of Law," explores how the nation's
basic law is intended to operate in the modern world. The third,
entitled "Governing by Discussion," explores the tradeoffs between
freedom of expression and other competing values, such as national
security, in modern American society.
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University Of Georgia Press
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Vasquez, Patricia I. Oil Sparks in the Amazon: Local Conflicts, Indigenous Populations, and Natural Resources. University Of Georgia Press, 2014. 429 pp. $29.00 ISBN: 978-0-820-34562-8.
For decades, studies of oil-related conflicts have focused on the
effects of natural [*483] resource mismanagement, resulting in great
economic booms and busts or violence as rebels fight ruling
governments over their region’s hydrocarbon resources. In .Oil
Sparks in the Amazon .Patricia I. Vasquez writes that while oil
busts and civil wars are common, the tension over oil in the Amazon
has played out differently, in a way inextricable from the region
itself. Oil disputes in the Amazon primarily involve local indigenous
populations. These group’s social and cultural identities differ from
the rest of the population, and the diverse disputes over land,
displacement, water contamination, jobs, and wealth distribution
reflect those differences. Vasquez spent fifteen years traveling to
the oil-producing regions of Latin America, conducting hundreds of
interviews with the stake holders in local conflicts. She analyzes
fifty-five social and environmental clashes related to oil and gas
extraction in the Andean countries (Peru, Ecuador, and Colombia). She
also examines what triggers local hydrocarbons disputes and offers
policy recommendations to resolve or prevent them.
Vasquez argues that each case should be analyzed with attention to its specific sociopolitical and economic context. She shows how the key to preventing disputes that lead to local conflicts is to address structural flaws (such as poor governance and inadequate legal systems) and nonstructural flaws (such as stakeholder’s attitudes and behavior) at the outset. Doing this will require more than strong political commitments to ensure the equitable distribution of oil and gas revenues. It will require attention to the local values and culture as well.
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W. W. Norton & Company
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Howard, Philip K. The Rule Of Nobody: Saving America From Dead Laws and Broken Government. W. W. Norton & Company, 2014. 207 pp. $23.00 ISBN: 978-0-393-08282-1.
Decade after decade, laws have piled up like sediment in the harbor,
bogging down America in dense regulation, unaffordable health care,
and higher taxes and public debt. Political leaders come to office and
find their budgets pre-committed by mandates enacted decades earlier.
Philip K. Howard shows us how ten well-intentioned laws ossified over
time into special interest entitlements and became deadweights on
society. The personalities and political deals in this narrative are
sometimes compelling and often shockingly cynical. The final result in
each case is a travesty. The laws Howard describes will include civil
service, special education, environmental review, subsidies from the
New Deal, safety laws, due process in schools, Medicare reimbursement,
the right to sue, labor union benefits, and corporate subsidies. The
book describes a new approach to refresh old programs and restore the
authority of sitting leaders to make the choices needed to support the
vitality of our free society.
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