SUP Law

SUP Law http://www.sup.org/rss/law.xml The latest titles from Stanford University Press en-us Copyright 2008 Stanford University Press webmaster@www.sup.org (Webmaster) Values in Translation: Human Rights and the Culture of the World Bank Values in Translation: Human Rights and the Culture of the World Bank Galit A. Sarfaty "Why has the World Bank been so slow to take on human rights? This fascinating ethnography follows the movement of people and ideas within the Bank to show how human rights were 'economized' in order to be heard. It offers great insight into the way organizations work and into the cultural dimensions of law."—Sally Engle Merry, New York University "The book offers a unique inside study of the culture of the World Bank and how it affects the Bank's attitudes toward human rights. It is an important book for those wanting to understand international organizations, human rights, and development."—Edith Brown Weiss, Professor of International Law at Georgetown University Law Center; Former President of the World Bank Inspection Panel <center><a href="http://www.sup.org/book.cgi?id=17865">To buy this book or view bibliographic details, click here.</a></center> The World Bank is the largest lender to developing countries, making loans worth over $20 billion per year to finance development projects around the globe. To guide its investments, the Bank has adopted a number of social and environmental policies, yet it has never instituted any overarching policy on human rights. Despite the potential human rights impact of Bank projects—the forced displacement of indigenous peoples resulting from a Bank-financed dam project, for example—the issue of human rights remains marginal in the Bank's operational practices. Values in Translation analyzes the organizational culture of the World Bank and addresses the question of why it has not adopted a human rights framework. Academics and social advocates have typically focused on legal restrictions in the Bank's Articles of Agreement. This work's anthropological analysis sheds light on internal obstacles including the employee incentive system and a clash of expertise between lawyers and economists over how to define human rights and justify their relevance to the Bank's mission. Galit A. Sarfaty is Assistant Professor of Legal Studies and Business Ethics at The Wharton School, University of Pennsylvania. http://www.sup.org/rss/book_rss.cgi?id=17865 http://www.sup.org/rss/book_rss.cgi?id=17865 The Global Limits of Competition Law The Global Limits of Competition Law Edited by Ioannis Lianos and D. Daniel Sokol "Given the increasingly global dynamics of competition law and economics, Lianos and Sokol will make an important contribution to the field of antitrust with this new series."—Einer Elhauge, Harvard Law School "This series promises to offer a vital set of books that will fill a real need. The interaction of competition law, economics, and institutions in view of globalized markets is a critical problem of our times."—Eleanor Fox, NYU School of Law "With over 100 jurisdictions enforcing competition policy, officials need to know how to cooperate with other authorities, and undertakings devising a global strategy need to know how to comply with the requirements of many different authorities operating under different legislation. Both groups need to understand competition advocacy. Skills in both economics and law are required. Laws that suit large well-developed countries may not suit smaller or less-developed countries. The two series editors are well-known internationally in the area of competition law, and I am sure that they will attract excellent authors for the different volumes of the series. This new series of books will fill a gap and is warmly welcome."—Valentine Korah, University College London "With the growth in the number of competition agencies worldwide, there is an increasing opportunity to apply sophisticated economic reasoning to shape competition policy and make it work for the long-run interests of society. A series in global competition policy is a welcome development that should accelerate the dissemination of knowledge in this important area of policy."—Dennis Carlton, University of Chicago Booth School of Business <center><a href="http://www.sup.org/book.cgi?id=20779">To buy this book or view bibliographic details, click here.</a></center> Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences. Ioannis Lianos is City Solicitors' Educational Trust Reader in European and Competition Law at the University College London. D. Daniel Sokol is Associate Professor of Law at the University of Florida Levin College of Law. http://www.sup.org/rss/book_rss.cgi?id=20779 http://www.sup.org/rss/book_rss.cgi?id=20779 Juridical Humanity: A Colonial History Juridical Humanity: A Colonial History Samera Esmeir "Samera Esmeir delivers an extremely compelling and smart interweaving of time, legality, and postcolonialism. Juridical Humanity is an innovative tool for those working in legal and postcolonial theory and represents a major leap forward in postcolonial thinking."—Keally McBride, University of San Francisco "This brilliant new study provides a broad and persuasive genealogy of juridical humanity in colonial Egypt. In a work of immensely creative theorization and superb historical scholarship, Esmeir radically rethinks the relationship between modern law, the human, and violence, challenging the ascendancy of narratives in which the human is always chained to the law. This book will be essential reading for historians, and scholars in Colonial/Postcolonial Studies and Political and Legal theory alike."—Omnia El Shakry, University of California, Davis Juridical Humanity: A Colonial History is an impressive work of scholarship—original, soundly argued, and thought provoking. Although existing histories of law distinguish between colonial and pre-colonial periods, Esmeir argues persuasively against the distinction, insisting that essential aspects of the latter can only be understood by examining how the former construed and dealt with it. This book helps the reader to formulate questions about the history of law and society in the Middle East that have not been raised in this way before. It deserves to be widely read by everyone interested in the Middle East."—Talal Asad, CUNY Graduate Center, author of Formations of the Secular: Christianity, Islam, Modernity <center><a href="http://www.sup.org/book.cgi?id=16425">To buy this book or view bibliographic details, click here.</a></center> In colonial Egypt, the state introduced legal reforms that claimed to liberate Egyptians from the inhumanity of pre-colonial rule and elevate them to the status of human beings. These legal reforms intersected with a new historical consciousness that distinguished freedom from force and the human from the pre-human, endowing modern law with the power to accomplish but never truly secure this transition. Samera Esmeir offers a historical and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the "human" to Egyptian legal and colonial history and argues that the production of "juridical humanity" was a constitutive force of colonial rule and subjugation. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new reading of the history of colonialism. Samera Esmeir is Assistant Professor of Rhetoric at the University of California, Berkeley. http://www.sup.org/rss/book_rss.cgi?id=16425 http://www.sup.org/rss/book_rss.cgi?id=16425 Philip Selznick: Ideals in the World Philip Selznick: Ideals in the World Martin Krygier "It's remarkable that no comparable study of Selznick's work has previously appeared. This welcome book is fluent, approachable, and insightful. Krygier writes with a profound understanding of Selznick's distinctive approach to social science, clearly tracing the themes that unite his thought and providing a new perspective on his contributions."—Roger Cotterrell, University of London "Martin Krygier has written a wonderfully lucid and perceptive intellectual biography of Philip Selznick, covering the full range of Selznick's work in organizational theory, leadership studies, legal sociology, and moral philosophy. While placing Selznick—correctly, in my view—in the tradition of the great social theorists of the 20th century, joining fine-grained empirical analysis and sophisticated normative inquiry, Krygier also demonstrates the continuing relevance of Selznick's work to current controversies in law and public policy."—Kenneth Winston, Harvard Kennedy School "Philip Selznick made substantial contributions to several areas of social thought. This alone would warrant his high standing in American intellectual life. But in this book, Martin Krygier makes a persuasive case that Selznick was not a clever fox but a profound hedgehog. He shows that the whole of Selznick's work is much greater than sum of its parts, indeed magisterial. He identifies overarching themes in Selznick's various works and shows how they reveal important truths about institutions and individuals in late modernity. This is an important book, not only for what it reveals about the profundity of Selznick's work, but for its author's ability to bring it to the fore."—Malcolm M. Feeley , University of California at Berkeley <center><a href="http://www.sup.org/book.cgi?id=4157">To buy this book or view bibliographic details, click here.</a></center> Philip Selznick's wide-ranging writings engaged with fundamental questions concerning society, politics, institutions, law, and morals. Never confined by a single discipline or approach, he proved himself a major figure across a range of fields including sociology, organizations and institutions, leadership, political science, sociology of law, political theory, and social philosophy. This volume, the first book-length treatment of Selznick's ideas, discusses Selznick's various intellectual contributions. Reading across Selznick's work, one appreciates the coherence of his fundamental preoccupations—with the social conditions for frustration and the vindication of values and ideas. Exploring Selznick's insights into the nature and quality of institutional, legal, and social life, the book also examines his particular ways of thinking, concerns, values, and sensibility. Martin Krygier brings to light the coherence of Selznick's fundamental preoccupations, allowing readers to fully engage with his unique insights and distinctive moral-intellectual sensibility. Martin Krygier is Gordon Samuels Professor of Law and Social Theory at the University of New South Wales, and Adjunct Professor at the Regulatory Institutions Network (RegNet), Australian National University. http://www.sup.org/rss/book_rss.cgi?id=4157 http://www.sup.org/rss/book_rss.cgi?id=4157 Felony Murder Felony Murder Guyora Binder "Given the practical importance of the felony murder doctrine, Binder's careful consideration of how the rule might be best reformed and administered is of the utmost urgency. Felony Murder is a remarkably significant work of substantial policy import."—Mark Kelman, Stanford University "Guyora Binder's exploration of the historical and doctrinal subtleties of the felony murder rule is lucid and brightly illuminating. He defends an arresting but largely persuasive thesis: The rule, while inconsistent with a cognitive conception of culpability, is consistent with an expressive conception, so long as the rule is sensibly confined to its most convincing rationales. Any serious discussion of the felony murder doctrine must henceforth confront Binder's penetrating arguments."—Kenneth Simons, Boston University "Felony Murder dismantles a mythological history that has long shaped criminal law teaching and anchored modern criminal law theory. In doing so, Guyora Binder opens a path to a fundamentally new way of understanding the role of criminal law in contemporary society. Truly one of the outstanding contributions to criminal law theory in our time."—Jonathan Simon, University of California, Berkeley <center><a href="http://www.sup.org/book.cgi?id=10836">To buy this book or view bibliographic details, click here.</a></center> The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims. Guyora Binder is SUNY Distinguished Professor at the State University of New York at Buffalo Law School. He is the coauthor of Criminal Law: Cases and Materials (2008, Sixth Edition) and Literary Criticisms of Law (2000). http://www.sup.org/rss/book_rss.cgi?id=10836 http://www.sup.org/rss/book_rss.cgi?id=10836 Imagining New Legalities: Privacy and Its Possibilities in the 21st Century Imagining New Legalities: Privacy and Its Possibilities in the 21st Century Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey "Imagining New Legalities advances our thinking about powerful political and cultural challenges embedded in our efforts to improve our understanding of the law. This is a truly thoughtful, timely, and well-grounded collection of essays."—William Lyons, University of Akron <center><a href="http://www.sup.org/book.cgi?id=18597">To buy this book or view bibliographic details, click here.</a></center> Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is James J. Grosfeld Professor of Law, Jurisprudence, and Social Thought at Amherst College. Martha Merrill Umphrey is Professor of Law, Jurisprudence, and Social Thought at Amherst College. http://www.sup.org/rss/book_rss.cgi?id=18597 http://www.sup.org/rss/book_rss.cgi?id=18597 Broke: How Debt Bankrupts the Middle Class Broke: How Debt Bankrupts the Middle Class Edited by Katherine Porter "Going to college and buying a home used to be pathways to the middle class. Broke shows that for increasing numbers of Americans they are pathways to personal bankruptcy. This outstanding collection of essays documents the social costs of America's ongoing household debt crisis, and the many ways in which public policy has rigged the game against borrowers."—Isaac William Martin, University of California, San Diego, author of The Permanent Tax Revolt: How the Property Tax Transformed American Politics "For anyone tired of hype and rhetoric, at last a book that analyzes the growing effects of debt and bankruptcy on the middle class with rigor and data. Each chapter, crisply written and rich with analysis, lets readers draw their own conclusions." —John A. E. Pottow, University of Michigan Law School "An important collection on consumer finance that offers a troubling window on the financial stresses on the American middle class. Broke breaks new ground in exploring families in bankruptcy, examining the interaction of issues like race, mortgage debt, and student loan debt with the bankruptcy process."—Adam J. Levitin, Georgetown University Law Center "Too many American families are deep in debt because their wages haven't kept up, their jobs are vanishing, and their homes worth less and less. It's not only a human tragedy for them but also a national problem as their debt burden hobbles the American economy and their inability to repay cripples lenders. What should be done? Here's a useful and insightful guide to policies that can help."—Robert B. Reich, author of Aftershock: The Next Economy and America's Future "Risk and return are inseparable. While debt can enable families to buy homes, obtain education, and start businesses, it does so by amplifying both upturns and downturns. Broke clearly illustrates the consequences when overextended families experience the roller coaster ride leading to bankruptcy."—Peter Tufano, University of Oxford <center><a href="http://www.sup.org/book.cgi?id=20202">To buy this book or view bibliographic details, click here.</a></center> About 1.5 million households filed bankruptcy in the last year, making bankruptcy as common as college graduation and divorce. The recession has pushed more and more families into financial collapse—with unemployment, declines in retirement wealth, and falling house values destabilizing the American middle class. Broke explores the consequences of this unprecedented growth in consumer debt and shows how excessive borrowing undermines the prosperity of middle class America. While the recession that began in mid-2007 has widened the scope of the financial pain caused by overindebtedness, the problem predated that large-scale economic meltdown. And by all indicators, consumer debt will be a defining feature of middle-class families for years to come. The staples of middle-class life—going to college, buying a house, starting a small business—carry with them more financial risk than ever before, requiring more borrowing and new riskier forms of borrowing. This book reveals the people behind the statistics, looking closely at how people get to the point of serious financial distress, the hardships of dealing with overwhelming debt, and the difficulty of righting one's financial life. In telling the stories of financial failures, this book exposes an all-too-real part of middle-class life that is often lost in the success stories that dominate the American economic narrative. Authored by experts in several disciplines, including economics, law, political science, psychology, and sociology, Broke presents analyses from an original, proprietary data set of unprecedented scope and detail, the 2007 Consumer Bankruptcy Project. Topics include class status, home ownership, educational attainment, impacts of self-employment, gender differences, economic security, and the emotional costs of bankruptcy. The book makes judicious use of illustrations to present key findings and concludes with a discussion of the implications of the data for contemporary policy debates. Katherine Porter is Professor of Law at the University of California Irvine School of Law. In 2010-2011, she was the Robert Braucher Visiting Professor at Harvard Law School. She is an expert in consumer credit law and has testified several times before Congress. Her published research addresses mortgage servicing, financial education, and consumer bankruptcy. http://www.sup.org/rss/book_rss.cgi?id=20202 http://www.sup.org/rss/book_rss.cgi?id=20202