Law Commons^™

Judith Shklar’S Critique Of Legalism, Seyla Benhabib, Paul Linden-Retek

Contributions to Books

Published as Chapter 16 in The Cambridge Companion to the Rule of Law, Jens Meierhenrich & Martin Loughlin, eds.

Commentary On Emerson V. Magendantz, Lucinda M. Finley

Contributions to Books

Published as Chapter 13 of Feminist Judgments: Rewritten Tort Opinions, Martha Chamallas & Lucinda M. Finley, eds. (Cambridge University Press 2020). Emerson v. Magendantz assesses how to measure harm when people get pregnant after a negligently performed sterilization, or have disabled children after genetic counseling or prenatal testing misdiagnosed the risk. The court permitted parents to recover child-rearing costs only for disabled children, reasoning that the emotional benefits of a healthy child invariably outweigh its economic burdens. Critiquing this reasoning as a double insult to the disabled and to the importance of reproductive autonomy, the feminist rewritten opinion uses the …

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Privacy And The Right To One’S Image: A Cultural And Legal History, Samantha Barbas

Contributions to Books

Published as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Chairs, Stairs, And Automobiles: The Cultural Construction Of Injuries And The Failed Promise Of Law, David M. Engel

Contributions to Books

Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

Looking Backward, Looking Forward, David M. Engel

Contributions to Books

Published as Chapter 17 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

The Songs Of Other Birds, Anya Bernstein

Contributions to Books

Published as Chapter 14 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song, Mary Nell Trautner, ed..

In this essay, written for a volume that re-engages with David Engel's classic article, The Oven Bird's Song, I consider how we decide how to situate what we encounter in our research. Comparing the findings of my own research in Taipei with Engel's work in Thailand and America, I ask how we can decide to give different interpretations of seemingly similar social phenomena -- specifically, our interlocutors' evident distaste for invoking the law.

Although many of my interlocutors in Taiwan expressed …

Karl’S Law School, Or The Oven Bird In Buffalo, Alfred F. Konefsky

Contributions to Books

Published as Chapter 4 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

Client Selection, Lynn Mather

Contributions to Books

Published as Chapter 6 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song.

. . . And Law?, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Searching for Contemporary Legal Thought, Justin Desautels-Stein & Christopher Tomlins, eds.

The locution “law and . . . (some other discipline)” implicitly asserts the primacy of legal doctrine and institutions narrowly conceived for coming to understand phenomena in which law takes a part. The ordinary story of American legal theory – formalism then realism then contemporary legal thought – can be understood to repeat the triumphalism implicit in “law and . . .” Of course, the story of American legal theory could possibly be read differently -- as a series of responses to the inability …

Laws Of Image: Privacy And Publicity In America, Samantha Barbas

Books

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …

Captive For Life: Conserving Extinct In The Wild Species Through Ex Situ Breeding, Irus Braverman

Contributions to Books

Published as Chapter 12 in The Ethics of Captivity, Lori Gruen, ed.

Are there “fates worse than death,” to use Kurt Vonnegut’s title? Is captivity one such fate? Captive for Life examines these questions through the lens of conservation biology’s ex situ models of captive management — and captive breeding in particular — for wild animals, and especially for species that have been designated as Critically Endangered or as Extinct in the Wild. Drawing on interviews with leading conservation biologists, the chapter describes the erosion of the distinctions between species management in captivity and in wild nature, often referred to …

From The Welfare State To The Militarized Market: Losing Choices, Controlling Losers, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Accumulating Insecurity: Violence and Dispossession in the Making of Everyday Life, Shelley Feldman, Charles Geisler & Gayatri A. Menon, eds.

Beneath a libertarian surface, free market economic ideas and policies have helped rationalize the strengthening of anti-democratic moral and political fundamentalism. The triumph of market freedom has been accompanied by increasing authoritarian government control in many spheres.

This chapter explains how a two-step rhetorical move in prevailing economic ideology turns authoritarianism and austerity into the route to freedom and growth. First, free market ideology constructs the increasingly limited and bad economic choices of a declining …

Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey

Contributions to Books

Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.

This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …

David Engel And "The Oven Bird's Song" (Edited Interview), David M. Engel

Contributions to Books

Published as Chapter 8 in Conducting Law and Society Research: Reflections on Methods and Practice, Simon Halliday & Patrick Schmidt, eds.

Understanding litigiousness involves many perspectives on how societies generate, shape, and process disputes. Whereas some may begin the study of disputing with the law and the formal institutions charged with implementing it, or what happens “in court,” a long tradition of Law and Society scholarship has emphasized the importance of seeing how cultural practices give life and meaning to the law. Though some of this scholarship has come from anthropology, much of it has been produced by scholars from …

Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey

Contributions to Books

Published in Progressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy, Claire Dalton, ed.

Human Rights Ngos In East Africa: Defining The Challenges, Makau Wa Mutua

Contributions to Books

Published as Chapter 1 in Human Rights NGOS in East Africa: Political and Normative Tensions, Makau Mutua, ed.

Law And Economic Change During The Short Twentieth Century, John Henry Schlegel

Contributions to Books

Published as Chapter 16 in Cambridge History of Law in America, Volume 3: The Twentieth Century and After (1920–), Michael Grossberg & Christopher Tomlins, eds.

The brief recounting of the American economy in the twenties and thirties raises obvious questions about law and economic change. Economic change is the shift from one enacted, in both senses, understanding of economic life to another, in the case of the short twentieth century, from an associationalist economy to an impatient economy. This chapter explicates this economic change, and interrogates it in order to understand the role of law in its occurrence. Despite the …