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Edited by Melvin I. Urofsky
Virginia Commonwealth University

Law and Society adresses the complex interface of law and society in America. Does the law change or respond to social context? The series incldes work in sociology, history, political science, and legal studies. Each title is refereed by Professor Urofsky.

 
     

     
Alternative Dispute Resolution in Civil Justice Systems  
    Roger E. Hartley  
  Studying a single court system in Georgia, Hartley examines the effect of mediation in civil trial courtsMore...  
Congressional Participation as Amicus Curiae before the U.S. Supreme Court  
    Judithanne Scourfield McLauchlan  
  Scourfield McLauchlan studies the methods and implications of the growing Congressional participation in cases before the U.S. Supreme Court.More...  
The Corporate Free-Speech Movement: Cognitive Feudalism and the Endangered Marketplace of Ideas  
    Robert L. Kerr  
  Kerr examines the historical development of the corporate free-speech movement and its role in shaping the latter decades of the twentieth century into what he describes as an age of cognitive feudalism.More...  
Courts as Policymakers: School Finance Reform Litigation  
    Anna Lukemeyer  
  Exploring how judges play an important role in developing school funding policies, Lukemeyer examines the role of policy issues in legal decision-making on school finance suits. More...  
The Development Dilemma: The Political Economy of Intellectual Property Rights in the International System  
    Robert L. Ostergard, Jr.  
  Ostergard demonstrates that the expansion of international property rights protection in developing countries results from a response to external political pressure and not from a concern for economic growth. More...  
Equal Educational Opportunity: Brown's Elusive Mandate  
    Mary F. Ehrlander  
  Ehrlander traces the failure of the Supreme Court's decision Brown v. Board of Education to effect desegregation in American schools and to create genuine equal opportunity. More...  
Experts in Civil Cases: An Inside View  
    Fred Prichard  
  Prichard's work explores the partnership between expert witnesses and attorneys in defining product liability cases. More...  
Faith, Reason, and Consent: Legislating Morality in Early American States  
    Wm. G. Miller  
  Americans commonly insist that government should not "legislate morality." The early American state founders, revolutionaries known for their commitment to liberty, were equally concerned about what kind of morality both should and should not be legislated. More...  
Federal Dataveillance: Implications for Constitutional Privacy Protections  
    Martin Kuhn  
  Kuhn explains how new data technologies, particularly knowledge discovery in databases (KDD) applications, will force courts to reconceptualize constitutional privacy rights. More...  
From Winning Elections to Influencing Policy: The Electoral-Policy Link for Minority Voters  
    Liza Abram Benham  
  Democrats have worried about a voting minority under majority rule. Even as Americans have gained more influence over election results, questions persist about which voters exert influence, and how. More...  
Human Rights Litigation Promoting International Law in U.S. Courts  
    Ying-Jen Lo  
  Lo studies the influence of human rights activists on American courts and charts an agenda for the activists' future work. More...  
Initiative and Referendum Voting: Governing Through Direct Democracy in the United States  
    Rich Braunstein  
  Braunstein�s work challenges the perception that direct democracy is hostage to special interests, professional consultants, and governing elites. More...  
Journalism Ethics by Court Decree: The Supreme Court on the Proper Practice of Journalism  
    John C. Watson  
  Watson concludes that journalism practice is guided and defined by law and ethics. More...  
Lawyers and Immigrants, 1870-1940: A Cultural History  
    Louis Anthes  
  Anthes' work uncovers the legal strategies of immigrants in New York between 1870 and 1940 and their often conflicted relationship with the established legal community. More...  
Learned in the Law and Politics: The Office of the Solicitor General and Executive Power  
    Peter N. Ubertaccio III  
  Ubertaccio documents the creation, growth, and significance of the Office of the Solicitor General. More...  
Libel Law, Political Criticism, and Defamation of Public Figures: The United States, Europe, and Australia  
    Peter N. Amponsah  
  Amponsah argues that political defamation laws in the United States, Europe and Australia are converging. In each area political speech is privileged by reference to liberal ideals, the marketplace of ideas, self-fulfillment, and democratic principles. More...  
Liberty and Authority in Free Expression Law: The United States and Canada  
    Karla K. Gower  
  Gower studies the degree of freedom of speech accorded individuals in relationship to society's concept of the relationship between the individual, society as a whole, and the state. More...  
News Piracy and The Hot News Doctrine: Origins in Law and Implications for the Digital Age  
    Victoria Smith Ekstrand  
  Ekstrand explores the legal protections for the newsman�s scoop, the hot news doctrine. More...  
Perspectives on Disability, Discrimination, Accommodations, and Law: A Comparison of the Canadian and American Experience  
    Wayne Thomas Oakes  
  Oakes compares disability discrimination laws in Canada and the United States, underscoring the limitations of current U.S. law and the broader basis of Canadian legal practice. More...  
The Preeminence of Politics: Executive Orders from Eisenhower to Clinton  
    Ricardo Jose Pereira Rodrigues  
  Rodrigues finds that Presidents do not have complete freedom in issuing executive orders and usually stay within the confines of Congressional intent. More...  
Race, Law, and the Desegregation of Public Schools  
    Peter William Moran  
  Using Kansas City, Missouri, as a case study, Moran considers the full spectrum of social, political, legal, and economic factors affecting school desegregation over a 50-year period and draws conclusions for the nation as a whole. More...  
Resistance to Public School Desegregation: Little Rock, Arkansas, and Beyond  
    Frances Lisa Baer  
  The Supreme Court's Brown rulings in 1954 and 1955 gave rise to a program of "massive resistance" in the American South that included the resurrection of the doctrine of interposition. More...  
Sorting Out Deregulation: Protecting Free Speech and Internet Access in The United States, Germany, and Japan  
    Jae-Young Kim  
  As governments juggle their role in the market with the demands of universal service and free speech, they find the limits of deregulation and that their goals demand an activist role for governmentMore...  
A Theory of Direct Legislation  
    Harel Arnon  
  Arnon offers a coherent legal theory to direct legislation, a.k.a. initiatives, in the United States.More...  
This Land is Your Land, This Land is My Land: The Property Rights Movement and Regulatory Takings  
    Alfred M. Olivetti, Jr., and Jeff Worsham  
  Olivetti and Worsham explore the legal and legislative efforts of the property rights movement to oppose governmental regulatory taking, in particular those motivated by environmental protection and land conservation policy. More...  
Unhealed Wounds: Medical Malpractice in the Twentieth Century  
    Neal C. Hogan  
  Hogan explores the roles of juries, courts, physicians, hospitals, medical societies, insurance firms, and legislators in developing medical malpractice law during the 20th century.More...  
The United States and the United Nations: Congressional Funding and U.N. Reform  
    Benn L. Bongang  
  Bongang reveals that the United States Congress determined the content of United Nations through a coercive funding strategy including withholding dues until reforms were implemented.More...  
Universal Human Rights: Origins and Development  
    Stephen James  
  James offers a comprehensive, interdisciplinary account of the origins and development of universal human rights from the earliest days to 1966, when the Covenants were added to the Universal Declaration of Human Rights. More...  
Women's Rights in Native North America: Legal Mobilization in the U.S. and Canada  
    Judith H. Aks  
  Indigenous women have great difficulty making political and legal claims. Available strategies speak only to their indigenous identity or their gender, but not to both simultaneously. This book urges legal scholars to interrogate the problematic of intersectional power, or the combined effects of race and gender domination. More...