NEW BOOKS

Out of Order: Stories from the History of the Supreme Court

by Sandra Day O'Connor, Random House Publishing, 2013

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land.
 
Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall; from foundational decisions such as Marbury vs. Madison to modern-day cases such as Hamdi vs. Rumsfeld, Justice O’Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation’s progress.

Manifest Madness: Mental Incapacity in the Criminal Law

by Arlie Loughnan, Oxford University Press, 2012

Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice.

Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity. Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, analysing their development through historical cases to the modern era. It maps the shifting boundaries between normality and abnormality as constructed in law, arguing that 'manifest madness' - the distinct character of mental incapacity revealed by this interdisciplinary approach - has a broad significance for understanding the criminal law as a whole.

Managing Family Justice in Diverse Societies

edited by Mavis Maclean and John Eekelaar, Hart Publishing, 2013

What response should the law have toward different family practices arising from cultural and religious beliefs? The issue has become increasingly debated as Western countries have become more culturally diverse. Although discussion has frequently focused on the role Islamic family law should have in these countries, this book sets the discussion within a wider context that includes consideration both of theoretical issues and also of empirical data about the interaction between specific family practices and state law in a variety of jurisdictions ranging from England and Wales to Bangladesh, Botswana, Spain, Poland, France, Israel, Iran, and South Africa. The book's contributors approach the subject matter from a variety of perspectives, illustrating the complex and often sensitive nature. The book does not set out to propose any single definitive strategy that should be adopted, but provides material upon which researchers, advocates, and policy makers can draw in furthering their understanding of and seeking solutions to the problems raised by this significant social development.

Marijuana Legalization: What Everyone Needs to Know

by Jonathan P. Caulkins, Angela Hawken, Beau Kilmer, and Mark A. R. Kleiman, Oxford University Press, 2012

Should marijuana be legalized? The latest Gallup poll reports that exactly half of Americans say "yes"; opinion couldn't be more evenly divided.

Marijuana is forbidden by international treaties and by national and local laws across the globe. But those laws are under challenge in several countries. In the U.S., there is no short-term prospect for changes in federal law, but sixteen states allow medical use and recent initiatives to legalize production and non-medical use garnered more than 40% support in four states. California's Proposition 19 nearly passed in 2010, and multiple states are expected to consider similar measures in the years to come.

The debate and media coverage surrounding Proposition 19 reflected profound confusion, both about the current state of the world and about the likely effects of changes in the law. In addition, not all supporters of "legalization" agree on what it is they want to legalize: Just using marijuana? Growing it? Selling it? Advertising it? If sales are to be legal, what regulations and taxes should apply? Different forms of legalization might have very different results.

Marijuana Legalization: What Everyone Needs to Know will provide readers with a non-partisan primer about the topic, covering everything from the risks and benefits of using marijuana, to describing the current laws around the drug in the U.S. and abroad. The authors discuss the likely costs and benefits of legalization at the state and national levels and walk readers through the "middle ground" of policy options between prohibition and commercialized production. The authors also consider how marijuana legalization could personally impact parents, heavy users, medical users, drug traffickers, and employers.

For Liberty and Equality: The Life and Times of the Declaration of Independence

by Alexander Tsesis, Oxford University Press, 2012

The Declaration of Independence is one of the most influential documents in modern history-the inspiration for what would become the most powerful democracy in the world. Indeed, at every stage of American history, the Declaration has been a touchstone for evaluating the legitimacy of legal, social, and political practices. Not only have civil rights activists drawn inspiration from its proclamation of inalienable rights, but individuals decrying a wide variety of governmental abuses have turned for support to the document's enumeration of British tyranny.

In this sweeping synthesis of the Declaration's impact on American life, ranging from 1776 to the present, Alexander Tsesis offers a deeply researched narrative that highlights the many surprising ways in which this document has influenced American politics, law, and society. The drafting of the Bill of Rights, the Reconstruction Amendments, the New Deal, the Civil Rights movement-all are heavily indebted to the Declaration's principles of representative government. Tsesis demonstrates that from the founding on, the Declaration has played a central role in American political and social advocacy, congressional debates, and presidential decisions. He focuses on how successive generations internalized, adapted, and interpreted its meaning, but he also shines a light on the many American failures to live up to the ideals enshrined in the document.

Based on extensive research from primary sources such as newspapers, diaries, letters, transcripts of speeches, and congressional records, For Liberty and Equality shows how our founding document shaped America through successive eras and why its influence has always been crucial to the nation and our way of life.

Confessions of Guilt: From Torture to Miranda and Beyond

by George C. Thomas III and Richard A. Leo, Oxford University Press, 2012

How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?

In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.

Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.

From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

From Cape Town to Kabul: Rethinking Strategies for Pursuing Women's Rights

by Penelope Andrews, Ashgate Publishing, 2012

Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of 'conditional interdependence', the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women's rights to gain momentum and reap greater benefits.Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.

The Ponzi Scheme Puzzle: A History and Analysis of Con Artists and Victims

by Tamar Frankel, Oxford University Press, 2012

Charles Ponzi perpetrated his infamous scheme almost a hundred years ago. But his method of using new investments to pay existing investors and finance a highflying lifestyle is alive and well: just as much money is lost in the United States today from Ponzi schemes as from shoplifting. Somehow, con artists are able to dazzle wealthy, educated individuals and sophisticated institutions and convince them to hand over huge sums of money. How?

In The Ponzi Scheme Puzzle, renowned legal scholar Tamar Frankel explores these con artists' fascinating power of persuasion and deception, uncovering the subtle signals that mimic truth and honesty. After years of close study of hundreds of cases, Frankel explains the striking patterns that emerge and the common characteristics of the con artists and their victims. She offers clear yet comprehensive descriptions of the various designs of Ponzi schemers' attractive offers and flags the ways in which they mask their deception through specialized methods of advertising and selling. She then constructs lucid profiles of the con artists and their victims, exposing the core nature of the people at the heart of the schemes and showing how over time the lines between predator and prey are blurred. There are indeed many lessons to learn from these stories, and Frankel brings them to light through the insightful results of her research. She shows how peoples' attitudes are ambivalent and uncertain toward con artists, perhaps because their behavior is so seemingly honest, because they act like the social leaders with whom they are likely to mingle, or perhaps because their actions are thought to shake up a complacent society. Frankel concludes by offering a surprising solution on how to prevent charming, dangerous con artists from perpetuating the enduring, disastrous legacy of Charles Ponzi.