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A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
This book recounts the transformation of American poor relief in the decades spanning the New Deal and the War on Poverty.
This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.
An award-winning scholar exposes the foundational racism of the child welfare system and calls for radical change Many believe the child welfare system protects children from abuse. But as Torn Apart uncovers, this system is designed to punish Black families. Drawing on decades of research, legal scholar and sociologist Dorothy Roberts reveals that the child welfare system is better understood as a “family policing system” that collaborates with law enforcement and prisons to oppress Black communities. Child protection investigations ensnare a majority of Black children, putting their families under intense state surveillance and regulation. Black children are disproportionately likely to be torn from their families and placed in foster care, driving many to juvenile detention and imprisonment. The only way to stop the destruction caused by family policing, Torn Apart argues, is to abolish the child welfare system and liberate Black communities.
For more than twenty years, the editors of The University of Chicago Law Review have offered a simple, clear, and efficient system of legal citation and referencing for use by lawyers, students, and judges. The Maroonbook, as it is commonly called, provides an alternative to cumbersome and detailed methods of legal citation and produces consistent, straightforward results in books, law journals, briefs, and judicial opinions. The Maroonbook is now presented in a convenient and quality eBook format for use as a handy, searchable reference book. The digital edition is properly formatted and features an extensive, active Table of Contents, as well as the full appendices of the print edition.