Saturday, December 28, 2013

Lord Mansfield: Justice in the Age of Reason

Norman S. Poser (Brooklyn Law School).  Lord Mansfield: Justice in the Age of Reason (McGill-Queen's University Press, 2013).

"Mr. Poser offers us a fascinating portrait. Awarded an earldom by George III, Mansfield was a typical 18th-century grandee, ruthlessly ambitious and casually venal. His career made him extremely rich, and his guarded political style often appeared unscrupulously calculated to accelerate his own advancement. But his mind was extraordinary, and he worked with legendary intensity. . . . Mansfield's judgments ingrained themselves into the legal culture of the English-speaking world. Modern rules governing the use of expert testimony, for instance, trace to Mansfield.  The U.S. Supreme Court, Mr. Poser informs us, has cited Mansfield more than 300 times, on issues from defamation to parental rights." 
—Jeffrey Collins

Monday, December 23, 2013

Charles Dickens in Chancery

E.T. Jacques.  Charles Dickens in Chancery: Being an Account of his Proceedings in Respect of the "Christmas Carol" with Some Gossip in Relation to the Old Law Courts at Westminster (Longmans, Green and Co., 1914). 

An account of Dickens' successful lawsuit against publishers who copied and sold A Christmas Carol (retitled as "A Christmas Ghost Story") without permission.  The appendix includes the original pleadings as well as newspaper articles relating to the case.   

Thursday, December 19, 2013

Please Don't Wish Me a Merry Christmas: A Critical History of the Separation of Church and State

Stephen M. Feldman (University of Wyoming).  Please Don't Wish Me a Merry Christmas (New York University Press, 1997).

"In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman . . . argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism."
—Publisher's website

Monday, December 16, 2013

Inherent Vice: Bootleg Histories of Videotape and Copyright

Lucas Hilderbrand (UC Irvine). Inherent Vice: Bootleg Histories of Videotape and Copyright (Duke University Press, 2009). 

“By taking up the theme of analog videotape bootlegging in an era of aggressive digital rights management, Lucas Hilderbrand provides a timely and important window on the issues at stake in the creative commons movement. At the same time, he makes extremely interesting and valuable contributions to scholarship on the aesthetics of new media through his explorations of the affective dimensions of videotape, the implications of its ephemeral quality, and the interactivity its new technologies enabled.”
—Timothy Lenoir, Duke University

Friday, December 13, 2013

Wrap Contracts: Foundations and Ramifications

Nancy S. Kim (California Western). Wrap Contracts: Foundations and Ramifications (Oxford University Press, 2013).

"[Nancy Kim] explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to 'accept' in order to participate in modern life.  Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties.  She proposes doctrinal solutions to fairly balance the burdens of wrap contracts between businesses and consumers."
Wrap Contracts book jacket