Tuesday, March 29, 2016

The Future of Law and Economics

Guido Calabresi (Yale), The Future of Law & Economics: Essays in Reform and Recollection (Yale University Press, 2016).

"In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, 'economic analysis of law,' examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike."

Publisher's description

Friday, March 18, 2016

On Inequality

Harry G. Frankfurt (Princeton University), On Inequality (Princeton University Press, 2015).

"In this provocative book, the #1 New York Times bestselling author of On Bullshit presents a compelling and unsettling response to those who believe that the goal of social justice should be economic equality or less inequality. Harry Frankfurt, one of the most influential moral philosophers in the world, argues that we are morally obligated to eliminate poverty—not achieve equality or reduce inequality. Our focus should be on making sure everyone has a sufficient amount to live a decent life. To focus instead on inequality is distracting and alienating.

At the same time, Frankfurt argues that the conjunction of vast wealth and poverty is offensive. If we dedicate ourselves to making sure everyone has enough, we may reduce inequality as a side effect. But it’s essential to see that the ultimate goal of justice is to end poverty, not inequality." 

Publisher's description

Tuesday, March 15, 2016

The Watershed of Modern Politics: Law, Virtue, Kingship, and Consent (1300-1650)

Francis Oakley (Williams College), The Watershed of Modern Politics: Law, Virtue, Kingship, and Consent (1300-1650) (Yale University Press, 2015).

JC375 .O25 2015 

"The concluding volume of Francis Oakley's authoritative trilogy moves on to engage the political thinkers of the later Middle Ages, Renaissance, Age of Reformation and religious wars, and the era that produced the Divine Right Theory of Kingship. Oakley's ground-breaking study probes the continuities and discontinuities between medieval and early modern modes of political thinking and dwells at length on the roots and nature of those contract theories that sought to legitimate political authority by grounding it in the consent of the governed." 
Publisher's description

Wednesday, March 9, 2016

Hip Hop and the Law

Pamela Bridgewater, andrĂ© douglas pond cummings & Donald F. Tibbs (eds.), Hip Hop and the Law (Carolina Academic Press, 2015). 

KF389 .H57 2015 (Treatises)

"What is important to understanding American law? What is important to understanding hip hop? Wide swaths of renowned academics, practitioners, commentators, and performance artists have answered these two questions independently. And although understanding both depends upon the same intellectual enterprise, textual analysis of narrative storytelling, somehow their intersection has escaped critical reflection. Hip Hop and the Law merges the two cultural giants of law and rap music and demonstrates their relationship at the convergence of Legal Consciousness, Politics, Hip Hop Studies, and American Law. No matter what your role or level of experience with law or hip hop, this book is a sound resource for learning, discussing, and teaching the nuances of their relationship. Topics include Critical Race Theory, Crime and Justice, Mass Incarceration, Gender, and American Law: including Corporate Law, Intellectual Property, Constitutional Law, and Real Property Law."
—Publisher's description

Thursday, March 3, 2016

Wedlocked: The Perils of Marriage Equality

Katherine Franke (Columbia University), Wedlocked: The Perils of Marriage Equality (NYU Press, 2015).

"Wedlocked turns to history to compare today’s same-sex marriage movement to the experiences of newly emancipated black people in the mid-nineteenth century, when they were able to legally marry for the first time. Like same-sex couples today, freed African-American men and women experienced a shift in status from outlaws to in-laws, from living outside the law to finding their private lives organized by law and state licensure. Their experiences teach us the potential and the perils of being subject to legal regulation: rights—and specifically the right to marriage—can both burden and set you free." 

Publisher's description

Tuesday, March 1, 2016

Guns across America

Robert Spitzer (SUNY Cortland), Guns Across America (Oxford University Press, 2015).

"As Robert J. Spitzer demonstrates in Guns across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in the country's first three centuries than in recent years. The first 'gun grabbers' were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern 'stand your ground' laws, and the so-called 'right of rebellion' to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past." 
Publisher’s description