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  Those Damned Immigrants : America's Hysteria Over Undocumented Immigration

  Ediberto Román

  "The election of Barack Obama prompted people around the world to herald the dawning of a new, postracial era in America. Yet a scant one month after Obama's election, Jose Oswaldo Sucuzhanay, a 31-year old Ecuadorian immigrant, was ambushed by a group of white men as he walked arm and arm with his brother. Yelling anti-Latino slurs, the men beat Sucuzhanay into a coma. He died 5 days later. The incident is one of countless attacks--ranging from physical violence to raids on homes and workplaces to verbal abuse--that Latino/a immigrants have confronted for generations in America. And these attacks--physical and otherwise--are accepted by a substantial number of American citizens and elected officials, who are virulently opposed to immigrant groups crossing the Mexican border. Quick to cast all Latino/a immigrants as illegal, opponents have placed undocumented workers at the center of their anti-immigrant movement, and as such, many different types of native Spanish-speakers in this country (legal, illegal, citizen, guest), have been targeted as being responsible for increasing crime rates, a plummeting economy, and an erosion of traditional American values and culture. In Those Damned Immigrants, Ediberto Roman takes on critics of Latina/o immigration, drawing on empirical evidence to refute charges of links between immigration and crime, economic downfall, and a weakening of Anglo culture. Roman utilizes government statistics, economic data, historical records, and social science research to provide a counter-narrative to what he argues is a largely one-sided public discourse on Latino/a immigration"--Publisher's website.

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  Workplace Bullying in Higher Education: Some Legal Background

  Kerri Stone

  Research-based chapters cover the impact of bullying on the workforce, the ways that bullying manifests within different sub-cultures and at different institutions including community colleges, the legal and ethical issues of bullying, and recommendations to address bullying on campus. Exploring bullying policies and innovative programs, this book provides a better understanding of how to rethink current policies and practices to proactively create more civil cultures. Workplace Bullying in Higher Education is a valuable resource for all higher education leaders and professionals on understanding, mediating, and preventing bullying.

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  Genocide, Ethnonationalism, and the United Nations : Exploring the Causes of Mass Killing Since 1945

  Hannibal Travis

  Genocide, Ethnonationalism, and the United Nations examines a series of related crises in human civilization growing out of conflicts between powerful states or empires and indigenous or stateless peoples. This is the first book to attempt to explore the causes of genocide and other mass killing by a detailed exploration of UN archives covering the period spanning from 1945 through 2011. Hannibal Travis argues that large states and empires disproportionately committed or facilitated genocide and other mass killings between 1945 and 2011. His research incorporates data concerning factors linked to the scale of mass killing, and recent findings in human rights, political science, and legal theory. Turning to potential solutions, he argues that the concept of genocide imagines a future system of global governance under which the nation-state itself is made subject to law. The United Nations, however, has deflected the possibility of such a cosmopolitical law. It selectively condemns genocide and has established an institutional structure that denies most peoples subjected to genocide of a realistic possibility of global justice, lacks a robust international criminal tribunal or UN army, and even encourages "security" cooperation among states that have proven to be destructive of peoples in the past.

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  Introduction: Cyberspace as a Product of Public-Private Censorship

  Hannibal Travis

  Cyberspace networks the globe. Its “bright lattices of logic” simulate and transcend the world in a “cage of neon” (Gibson, 1984, 5–10). Yet attempts to restrict it are at the center of some of the key legal battles of our time. Copyright owners seek to impose copyright filters on YouTube, possibly censoring thousands of channels and millions of videos in a way that television has never been regulated (Viacom, 2012). Trademark owners’ complaints shape the content of eBay and other online shopping sites, and copyright holders have shut down some software services using arguably antiquated notions of “encouraging” illegality (Tiffany, 2010, 104). The American Civil Liberties Union has warned that patents are being issued by the U.S. government for inventions implicating methods of speech or thought implemented by computer (ACLU, 2008).

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  Neutralizing the "Open Internet"

  Hannibal Travis

  The Federal Communications Commission (FCC) handed a stunning victory to advocates of media reform in 2005 when it endorsed a robust theory of the First Amendment in the Comcast adjudication (FCC, 2008). It is a theory that moves away from the dark ages of selective deregulation of discriminatory corporate media and looks towards prioritizing media consumers' right to access diverse and antagonistic sources of information and opinion, rather than the right of large corporations to acquire and control ever-larger combinations of media infrastructure. This theory, if upheld, may herald a new era of attention to citizens' First Amendment interests in accessing and benefiting from regulated telecommunications facilities such as broadcast airwaves and cable networks. This Chapter will begin with a brief history of telecommunications regulation, and turn to net neutrality activism, culminating in the law of Internet discrimination. The Communications Act of 1934 created the FCC for the precise purpose of making available, "so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges" by the mechanism of" centralizing authority" (Communications Act of 1934, Section 1). The 1934 Act made it unlawful for common carriers to discriminate unduly or unreasonably against any particular person or class (ibid., sections 201-202).

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  The "Monster" That Ate Social Networking?

  Hannibal Travis

  This chapter analyzes the privacy, intellectual property, competition policy, and human rights law implications of the rise of Facebook and the threat of a natural monopoly in social networking. Facebook instructed its users that it may provide friend lists and other profile information to third parties, as well as to law enforcement when it thinks public safety is at issue. The service warned users that it may disclose information without permission, but with “notice, such as by telling you about it in [a data use] policy.” In 2009, Facebook announced the settlement of a class-action lawsuit brought on behalf of users of Facebook as of November 2007, which involved privacy violations. Facebook subsequently became embroiled in patent litigation, democratization movements, and the mass surveillance of unsuspecting users, and this chapter briefly surveys its role in these controversies.
  
  The book in which it appears explores what the American Civil Liberties Union calls the ‘third era’ in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multinational corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. Finally, as social networking and content-sharing sites have proliferated, so have content-detecting tools for finding, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits.
  
  The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others.

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  Who Controls the Internet? : The Second Circuit on YouTube

  Hannibal Travis

  On appeal to the Second Circuit, Viacom attempted to distinguish YouTube and other "media" sites from Hotmail and other "private" storage sites (Viacom, 2011, 38). Viacom had also pointed out that You Tube was disqualified from asserting the Digital Millennium Copyright Act (DMCA) safe harbor because it obtained a direct financial benefit from users visiting the site to find unlicensed "premium" copyrighted material, and to view it without permission (Viacom, 2011, 25-34). Moreover, Viacom alleged that YouTube employees featured popular music or music videos on the site in order to maximize viewership, and targeted advertisements to unlicensed copyrighted videos (Viacom, 2011, 36). In their brief as amici curiae supporting Viacom, the Motion Picture Association of America (MPAA) and Independent Film & Television Alliance (IFTA) argued that YouTube should be found liable for copyright infringement because its founders encourage the uploading of popular copyrighted video in order to become a destination site that could be sold at a high price to a larger company such as Google, that they were aware of patterns of infringement that they did nothing about, and they derived a direct financial benefit from these patterns of infringement (MPAA and IFTA, 2011, 1-31).

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  Understanding Civil Rights Litigation

  Howard M. Wasserman

  This student-focused treatise provides a concise, accessible, comprehensive overview of the doctrine, policy, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written to function as an assigned or recommended supplement to a casebook or case materials, as a statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis in a course on Civil Rights Litigation and Federal Courts.

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  Latin America

  Jorge L. Esquirol

  This Handbook represents a big step towards a global history of international law. First, it notes that the Eurocentric story of international law is incomplete since it ignores the violence, ruthlessness, and arrogance which accompanied the dissemination of Western rules, and the destruction of other legal cultures which that dissemination caused. Second, the authors of the book come from different academic backgrounds: they are lawyers, historians, and political scientists. They come from, and work in, different regions of the world. Although accounts of the history of international law written from a non-European perspective are still rare, processes of creative appropriation and hybridization have recently been highlighted both by global historians and by international and comparative lawyers. Studying the history of international law can help improve our understanding of the character of a particular legal order, its promise, and its limits. The world is experiencing a period of fundamental change in international relations, a process instigated by the collapse of the Soviet Union and the communist bloc of states, and the end of the Cold War. This Handbook represents not the history, but many histories of international law.

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  Versions of antihumanism : Milton and others

  Stanley Fish

  "Stanley Fish, one of the foremost critics of literature working today, has spent much of his career writing and thinking about Milton. This book brings together his finest published work with brand new material on Milton and on other authors and topics in early modern literature. In his analyses of Renaissance texts, he meditates on the interpretive problems that confront readers and offers a sustained critique of historicist methods of interpretation. Intention, he argues, is key to understanding which pieces of historical data are relevant to literary criticism. Lucid, provocative, direct and inimitable, this new book from Stanley Fish is required reading for anyone teaching or studying Milton and early modern literary studies"

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  The Tea Party : Three Principles

  Elizabeth Price Foley

  "In The Tea Party: Three Principles, constitutional law professor Elizabeth Price Foley takes on the mainstream media's characterization of the American Tea Party movement, asserting that it has been distorted in a way that prevents meaningful political dialogue and may even be dangerous for America's future. Foley sees the Tea Party as a movement of principles over politics. She identifies three "core principles" of American constitutional law that bind the decentralized, wide-ranging movement: limited government, unapologetic U.S. sovereignty, and constitutional originalism. These three principles, Foley explains, both define the Tea Party movement and predict its effect on the American political landscape. Foley explains the three principles' significance to the American founding and constitutional structure. She then connects the principles to current issues as health care reform, illegal immigration, the war on terror, and internationalism"

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  Los Fueros de la Heterosexualidad en su Ocaso [The Twilight of Straight Supremacy]

  Jose M. Gabilondo

  Aunque varias disciplinas estudien las minorías sexuales, hace falta una interrogación de fondo de la heterosexualidad, en particular de su estructura social. Siguiendo esa línea, este ensayo examina un cambio importante en la relación entre las instituciones del derecho y la heterosexualidad. Históricamente, el derecho ayudaba a constituir la heterosexualidad como una formación social hegemónica. Ahora se empieza a ver lo contrario en ciertos fallos del sistema jurídico estadounidense en los cuales se deja de respaldar la idea de la superioridad heterosexual. Lo novedoso de estos casos es que obligan que los defensores de la heteronormatividad articulen y justificasen la discriminación anti-gay que intentan imponer. Esta tendencia en la doctrina jurídica refleja un giro social en favor del trato igual de las minorías sexuales.

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  The Rights of the Accused Under the Sixth Amendment : Trials, Presentation of Evidence, and Confrontation

  Paul Marcus, Joëlle Anne Moreno, Tommy E. Miller, and David K. Duncan

  This essential resource takes a close look at The Sixth Amendment to the United States Constitution and those key provisions which impact mightily on defendants in criminal prosecutions. The book was authored by four noted legal professionals, each from different backgrounds (private practice of law, former prosecutors, academics, jurists) and from different parts of the nation. This fascinating book examines the wide range of essential criminal justice topics that fall within the scope of the Sixth Amendment. This book is an essential resource for judges, academics, and lawyers working in the field. It offers fascinating historical perspective, modern interpretations, and insight on this critical component of the United States Constitution. It's one book that is a must for every lawyer's library.

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  The Impact of Electronic Communication Networks on Exchange Trading Floors and Derivatives Regulation

  Jerry W. Markham and Daniel J. Harty

  The colorful 'open outcry' trading in the 'pits' of the Chicago futures exchanges and the bell-ringing opening of trading on the floor of the New York Stock Exchange (NYSE) has long dominated the public perception of how those markets operate. However, exchange trading floors are fast fading into history because the trading of stocks and derivative instruments are moving to electronic communications networks (ECNs) that simply match trades by computers through algorithms at incredibly high speeds and volumes. Competition from ECNs has already forced the NYSE and the Chicago futures and options exchanges to demutualize, consolidate and reduce the role of their trading floors, while expanding their own electronic execution facilities. This chapter will describe the development of electronic trading through ECNs and how the futures, equity and equity options exchanges responded to that competition. As will be shown, the traditional exchanges paralleled each other in resisting electronic trading in order to preserve their traditional open outcry trading floors. Gradually, after much pressure from market users, those exchanges began to adopt computer-assisted executions as a way of speeding up the trading process, while still preserving their trading floors. That still left the exchanges exposed to competition from the newly arrived and fully electronic ECNs, which quickly grabbed market share from the traditional markets. Finally, the exchanges accepted the inevitable and became fully committed to electronic trading. This chapter will also address the regulatory concerns raised by electronic traders. The ECNs have provided new trading opportunities for algorithmic traders, but their trading was soon causing regulatory concerns. High-frequency electronic traders are now dominating market volume in both the securities and derivatives markets, raising concerns on how their trading is affecting long-term investors. Some electronic trading practices such as 'naked access' and 'quote stuffing' and trading in 'dark pools' are also under regulatory scrutiny. High-frequency electronic traders were suspected as contributors to the 'flash crash' that resulted in a 1000-point drop in the Dow Jones Industrial Average in just a few minutes on 6 May 2010.

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  Florida's First Constitution

  M C. Mirow

  The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from around the empire who gathered in the southern Spanish city of Cádiz while Spain battled against Napoleonic forces.

  Even before Florida became a territory of the United States, it was subject to a constitution that divided government into the three branches so familiar to us all: legislative, executive, and judicial. The Constitution of Cádiz has many modern aspects that have become important throughout the world. The constitution recognized national sovereignty, required elections at all levels of government, made the legislature the central authority in government, and set out rights for the criminally accused. Other parts of the constitution reveal a much older world. The constitution has a large section on the king and the royal family, and maintains the Roman Catholic Church as the state religion.

  This constitution governed Spanish Florida from 1812 to 1815 and then again from 1820 until 1821, when Spain turned Florida over to the United States. Mirow explains the importance of this document to the Spanish colonial world and to Florida. He describes some of the most interesting features of the constitution and its promulgation in St. Augustine. A fresh and authoritative translation of the entire constitution in provided along with the constitution’s original text in Spanish.

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  The So-Called "Equal Opportunity Bully's" Effect on Women in the Workplace

  Kerri Stone

  Dysfunction in the workplace, like a bully culture, affects women and men differently. This book represents a broad spectrum of disciplines including law, management, communications, human resource management and industrial/organizational psychology and offers integrative, cross-disciplinary inquiries into the many roles gender plays in organizational dysfunction. The authors provoke new questions and new streams of research, with the ultimate goal of contributing to healthier workplaces for men and women alike.

  This book looks at counterproductive work behavior including aggression, bullying, incivility, sexual harassment, sexual orientation harassment and absenteeism, and the effects of job stress on mental health and well-being from the perspective of gender – the gender of actors, targets and observers of abusive interpersonal behaviors; gender–race interactions; gender-related characteristics of workplace conflict, communication and stress; socio-economic factors such as occupational expectations and roles outside the workplace; and ambiguities in the law. Gender and the Dysfunctional Workplace brings together a broad, multi-disciplinary collection of authors who weigh in on topics from whether workplace bullying is status- or gender-blind to the ramifications of absenteeism on women and their careers. These scholars contribute very different approaches and conceptualizations of counterproductive work behavior, the result of which is a dynamic and pioneering appraisal of the field and innovative musings on its future.

  Instructors, students and researchers in the areas of counterproductive work behavior, women’s studies, occupational health and stress, and conflict resolution will find this an enlightening and thought-provoking treatise on a topic that, with the help of research like that found here, will hopefully soon see less prevalence in the workplace and beyond.

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  YouTube from Afghanistan to Zimbabwe: Tyrannize Locally, Censor Globally

  Hannibal Travis

  The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet’s astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities.

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  Colombia : Juristas, Sociedad, Independencia y Estado en la Nueva Granada, 1790-1830

  Victor M. Uribe-Uran

  Este capítulo dedica especial atención a los juristas neogranadinos de finales de la era colonial y su participación en el movimiento de la independencia, así como sus contribuciones al proceso de formación del Estado republicano en la Nueva Granada. El ensayo comienza con un análisis de las relaciones entre los juristas, el Estado y la sociedad coloniales, algo indispensable para entender la etapa postcolonial; examina luego su papel en el movimiento de la independencia, y al final se ocupa brevemente de su participación activa en la formación del Estado republicano que surgió de la independencia. En su conjunto, enfatiza elementos de la historia social, política y cultural del período y sostiene que los juristas fueron entre 1809 y 1821 un grupo de gran significación estratégica para la promoción de acciones colectivas en pro del co-gobierno, la autonomía y la eventual independencia del virreinato. Los juristas se movilizaron durante la independencia y ellos o sus familias sufrieron en carne propia la represión resultante de la «reconquista» española a mediados de la década de 1810. Al triunfar la revolución, vinieron a ser uno de los sectores ocupacionales más estratégicos para el desarrollo de una nueva institucionalidad, esto es, la legislación y el aparato de gobierno que sirvieron de sostén al Estado republicano. El papel central de las juristas en las tres momentos bajo estudio se debió a las grupos familiares y redes sociales a que pertenecieron, su larga vinculación a actividades en la burocracia real y su tradicional intervención en el manejo de las gobiernos locales (cabildos o ayuntamientos). También fue el resultado de su formación intelectual, especialmente su creciente familiaridad con disciplinas modernizantes coma la economía política, el derecho público y de gentes, y las llamadas «ciencia administrativa» y «ciencia de la legislación». Además de haber sido un sector fundamental para la estructuración de la nueva legalidad e institucionalidad republicanas, esto es, para el impulso del proceso de formación del Estado postcolonial entre 1821 y mediados del siglo XIX, las abogados neogranadinos fueron participes activos en el manejo del mismo y en las luchas políticas y militares que se libraron para ganar su control.

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  La Constitución de Cádiz en la Nueva Granada, Teoría y Realidad, 1812-1821

  Victor M. Uribe-Uran

  En este trabajo se discute el impacto de la Constitución de Cádiz de 1812 en la Nueva Granada. En este caso particular, igual a lo que sucedió en Venezuela, hubo provincias que se comportaron a la manera de los realistas y, por lo tanto, juraron la Constitución de 1812 en los meses finales de dicho año y durante 1813. Hasta donde puede suponerse y documentarse por ahora, allí se pusieron en práctica, al menos brevemente, varias de las instituciones previstas en la Constitución, en particular las ayuntamientos constitucionales y los procesos electorales ligados a ellos. Sobre la formación de Diputaciones Provinciales la evidencia es más limitada. También quedó la puerta abierta en aquellas regiones baluartes del realismo para que quienes podían beneficiarse de ello, en especial los afrodescendientes realistas, libres y con méritos suficientes, solicitaran cartas de ciudadanía en la madre patria, tratando así de ganar pertenencia en la comunidad política moderna que el documento de Cádiz intentó gestar. Hay evidencia fragmentaria de que algunos de tales reclamos se verificaron. Igualmente, las comunidades indígenas de tales regiones tuvieron la posibilidad de reclamar, conforme a la Constitución, la eliminación del servicio personal, contribuciones varias y el tributo indígena y, a juzgar par las experiencias de las provincias de Pasto y Santa Marta, parecen haberlo hecho en forma enérgica. Hubo, sin embargo, otras provincias neogranadinas que, al igual que el Río de la Plata y Chile, se rehusaron a participar del experimento constitucional de Cádiz y, por el contrario, lanzaron sus propios modelos constitucionales. En algunas de estas últimas provincias el impacto de, primero, las Cortes y, luego, la Constitución de Cádiz, no fue tanto el de haber instaurado directamente nuevas instituciones de corte liberal sino, más bien, haber, posiblemente, servido de acelerador o incentivo, al menos indirecto, para la introducción de instituciones y prácticas políticas modernas alternativas a las de Cádiz y mucho más liberales. En últimas, la significación práctica de la Constitución de Cádiz es que modificó sustancialmente las términos de la negociación político-militar entre varios agentes históricos y, con ello, sus estrategias respectivas. En el proceso, contribuyó a erosionar en los ámbitos local, regional y global la hegemonía colonial.

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  Regulation of Bank Financial Service Activities : Cases and Materials, 4th ed.

  Lissa L. Broome and Jerry W. Markham

  This book has been completely revised and updated to include a discussion of the financial crisis and the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The statutory supplement has also been updated, includes Titles III, VI, and portions of Title X of Dodd-Frank, and the statutory provisions are cross-referenced to Dodd-Frank sections which amend them. The new edition of the book contains an extensive discussion of the financial crisis and the regulatory responses to it. Chapters also cover such hot topics as bank failures, derivatives, insurance, and international banking.

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  O Direito Fracassado da América Latina

  Jorge L. Esquirol

  O tema da interpretação e direito é multidisciplinar não apenas porque pode ser analisado de diversas perspectivas, mas antes porque exige ser estudado de muitas perspectivas. Este livro reúne trabalhos que procuram explorar tais possibilidades e exigências. É um ponto de confluência de muitas agendas teóricas distintas, mas necessariamente complementares. A unidade dos trabalhos reunidos reside nas preocupações comuns sobre esse diagnóstico.

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  Complementarity and Burden Allocation

  Megan A. Fairlie and Joseph Powderly

  Despite lying at the heart of the functionality of the International Criminal Court (ICC), Article 17 of the Rome Statute, which embodies the complementarity principle, fails to address a number of key issues surrounding the operation and interpretation of this pivotal regime. Specifically, the Statute neglects to delineate the standard of proof that must be met in order for the Court to find that a state is unwilling or unable to carry out an investigation or prosecution. What is more, there is scant guidance as to which party should bear the burden of proof in this regard. Further enlightenment on these issues is unlikely to be distilled from the Rules of Procedure and Evidence. These statutory gaps required Trial Chamber III to recently determine the issues of burden allocation and the requisite standard of proof in the Bemba case. However, it remains to be seen whether the Chamber's position ought to extend to the multitude of scenarios in which the Court may be called upon to rule on admissibility. Likewise, whether the Chamber's approach will be - or should be - endorsed by the ICC Appeals Chamber remains an open question. In considering these crucial operational elements of the regime, this chapter will look at burdens and standards of proof both generally and in spe- cific relation to complementarity, considering the potential scenarios that may arise in relation to state referrals, proprio motu investigations and, in particular, Security Council referrals. Rather than provide definitive answers regarding the questions of applicable burdens and standards of proof, this chapter aims to contribute to the dialogue on these issues, first and foremost by examining the emerging ICC jurisprudence, while also drawing upon the experience of other courts operating in the international and municipal realms, including the practice of the UN ad hoc tribunals.

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  The Fugitive in Flight : Faith, Liberalism, and Law in a Classic TV Show

  Stanley Fish

  In the stark television drama The Fugitive, Dr. Richard Kimble, an innocent man convicted of murder, is on the run from the police and in pursuit of the real killer. The award-winning show, which aired on ABC from 1963 to 1967 and inspired a 1993 blockbuster movie, still has many devoted fans, none more passionate than literary and legal theorist and intellectual provocateur Stanley Fish. In the Fugitive in Flight, Fish examines the moral structure of the long-running series and explains why he thinks it may well be the greatest show ever aired on American network television. -- Analyzing key episodes, The Fugitive in Flight goes beyond plot summaries and behind-the-scenes stories. For Fish, the real action of The Fugitive takes place in confined spaces where the men and women Richard Kimble encounters are forced to choose what kind of person they will be for the rest of their lives. Kimble is the catalyst of such choices, but he himself never changes. Breaking free from the political and social problems of his time, he is always the bearer and exemplar of the very middle-class values informing the system that has misjudged him. Kimble is the perfect representative of a midtwentieth-century liberalism that above all values independence, personal integrity, and the refusal to surrender oneself to obsessions or causes. He is so consistently faithful to his liberal vision of life that he displays both its virtues and its dark side, the side that flees attachments, entanglements, responsibilities, and human connections. Stanley Fish's Richard Kimble is the ultimate man in the gray flannel suit, even when he is wearing a windbreaker and walking down a dark, lonely road.

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  The Law of Life and Death

  Elizabeth Price Foley

  Are you alive? What makes you so sure? Most people believe this question has a clear answer--that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that "not being dead" is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley's balanced, accessible chapters explore the most contentious legal issues of our time--including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives--across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.

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  All in the Family: The Influence of Social Networks on Dispute Processing (A Case Study of a Developing Economy)

  Manuel A. Gomez

  This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society. Every country, of course, has its own legal system, and no two systems are the same. But in teaching law and society, texts have focused nearly exclusively on American readings to the neglect of comparative and international work. This reader fills an obvious gap. It recognizes that law is increasingly global and cross-national, and shows how law relates to society in different times and places, the world over.