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::  BOOKNOTES  ::

Booknotes include relatively recent works - including books as well as films, microfiche, and other resources - made available to scholars by publishers seeking to serve the legal history community.  This page is updated with press releases sent directly from publishers.


Hackett Publishing Company is pleased to offer H-Law subscribers FREE examination copies of our new paperback editions of titles in the On Trial series.

The On Trial series examines the court rulings and legal opinions that have shaped the development of some of America's most controversial political and social issues. Each volume provides a substantial introduction to the history of the issue in question and includes an extensive collection of related documents; a glossary of key people, events, and concepts; a chronology; a table of cases cited; an annotated bibliography; and a comprehensive index. The On Trial titles listed below will be published in September 2004; Hackett will begin publishing paperback editions of additional titles in this series-including volumes on such topics as racial violence, religion, pornography, Native American sovereignty, and the death penalty-in March of 2005. Please visit www.hackettpublishing.com for publication dates and additional information.

Lynne Curry
THE HUMAN BODY ON TRIAL
A Sourcebook with Cases, Law and Documents
325 pp., ISBN 0-87220-738-2, $12.95 FREE examination copy
Since the mid-nineteenth century, the U. S. courts have attempted, in a series of landmark cases, to resolve bitter conflicts over an individual's right to bodily autonomy. Lynne Curry draws on close readings of U. S. Supreme Court and other twentieth-century legal decisions, supporting case
materials, public health records, and legal and medical theories to trace the ways in which the courts' rulings have shaped the development of such controversial issues as mandatory vaccination, abortion and the right to die.
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Lee Walzer
GAY RIGHTS ON TRIAL
A Sourcebook with Cases, Law and Documents
323 pp., ISBN 0-87220-740-4, $12.95 FREE examination copy
This introductory book examines the relationship between same-sex legal issues, public opinion, and legislation since the late 1800s and explores the ways in which the American legal system has advanced-and hindered-the civil rights of gay, lesbian, bisexual, and transgender individuals.
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Charles L. Zelden
VOTING RIGHTS ON TRIAL
A Sourcebook with Cases, Law and Documents
347 pp., ISBN 0-87220-741-2, $12.95 FREE examination copy
At various times in U.S. history, the right to vote has been granted or denied on the basis of such criteria as wealth, gender, ethnicity, and race. Through both analysis and documentation, this volume guides the reader through the history of vote denial and dilution and the landmark court opinions that created and ended these practices.
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Brian R. Dirck
WAGING WAR ON TRIAL
A Sourcebook with Cases, Law and Documents
342 pp., ISBN 0-87220-739-0, $12.95 FREE examination copy
From the American Revolution to the Bush administration's "war on terrorism" and the invasion of Iraq, Brian Dirck examines how, and under what circumstances, the United States has decided to wage war. Four narrative chapters introduce readers to the history and impact of the legal issues involved in waging war, and examine the social, legal, and political forces that have shaped wartime policies at crucial moments in U. S. history.
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Elizabeth Cawthon
MEDICINE ON TRIAL
A Sourcebook with Cases, Law and Documents
333 pp., ISBN 0-87220-742-0, $12.95 FREE examination copy
From the public controversies surrounding such issues as assisted suicide and bioengineering to broader questions concerning reproductive rights and mental illness, this accessible volume integrates legal, historical, and medical perspectives to chronicle the changing role of medicine in the
American courtroom during the last 150 years. In doing so, it provides a clear, accessible introduction to such major medical and legal controversies as the "right to die," assisted suicide, bioengineering,
reproductive rights, and DNA testing.
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TO ORDER FREE EXAMINATION COPIES:
1. Visit our website:
http://www.hackettpublishing.com
and fill out the Exam Copy order form. IMPORTANT: To receive an On Trial title as a free examination copy, be sure to type the source code OTHL into the "Additional Notes/Source Code" box.
2. Order by phone (317- 635-9250) or fax (1-800-783-9213), citing the source code OTHL and the names of the courses for which you will be considering the book.
3. Order via mail: Hackett Publishing Company, Inc., P.O. Box 44937, Indianapolis IN, 46244-0937, citing the source code OTHL.

www.hackettpublishing.com
Rick Todhunter
rickt@hackettpublishing.com
--
Editor
Hackett Publishing Co., Inc.
PO Box 390007
Cambridge, MA 02139
PH: (617) 234-0374
FX: (617) 661-8703



Timothy S. Huebner, The Taney Court: Justices, Rulings, and Legacy, 2003.

An exploration of the U.S. Supreme Court during an era of dramatic sectionalism, slavery, and the Civil War.

For decades, the Taney Court's pro-slavery decision in the Dred Scott case tarnished its reputation among historians. It was only during the first half of the 20th century that the court received due credit for its important accomplishments in commerce, contracts, the protection of civil liberties, and defining the scope of presidential power.

The Taney Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the three-decade tenure of Roger B. Taney, one of the most important chief justices in U.S. history. A careful analysis of landmark decisions such as Dred Scott v. Sandford , Charles River Bridge v. Warren Bridge , and Prigg v. Pennsylvania shows how the court interpreted issues of commerce, contracts, slavery, and separation of powers, and how, despite its perception as being pro-states rights, it actually expanded federal judicial power.

Profiles of the 20 justices who served on the Taney Court place a special emphasis on those who made the most significant impact, including Taney, Joseph Story, Benjamin Curtis, and John A. Campbell.


Jeff Yates, Popular Justice. Albany, New York: SUNY Press, 2002.

Popular Justice explores the interaction between the presidency and the United States Supreme Court in the modern era. It assesses the fortunes of chief executives before the Court and makes the provocative argument that success is impacted by the degree of public prestige a president experiences while in office. Three discrete situations are quantitatively examined: cases involving the president's formal constitutional and statutory powers, those involving federal administrative agencies, and those that decide substantive policy issues. Yates concludes that, while other factors do exert their own influence, presidential power with the Court does depend, to a surprising degree, on the executive's current political popularity.

"There is much to like in this book. It advances our knowledge of presidential influences on court judgments, contains useful prescriptive recommendations, and demonstrates the usefulness of quantitative analysis in examining the presidential-Supreme Court relationship." - Stephen J. Wayne, coauthor of Presidential Leadership: Politics and Policy Making

"What I find most impressive about this book is its integration of the literature from the last twenty years on the relationship between the Court and the executive branch into a multi-variate analysis. Most of the literature has been descriptive in nature, often doctrinal, and when empirical it has been limited to descriptive statistics with little causal analysis. This book moves beyond those accounts and attempts to develop a causal model utilizing multi-variate statistical techniques. The result is an account which is both rigorous and robust." - Reginald Sheehan, coauthor of Continuity and Change on the United States Courts of Appeals

Jeff Yates is Assistant Professor of Political Science at the University of Georgia.
 




Justice and Generals
, recently shown on PBS, is a film about two historic court cases brought against of two Salvadoran generals recently capturing headline news. On July 23, 2002, in one of the cases, featured in the film, a jury in West Palm Beach, Florida found two Salvadoran generals liable for the torture of Dr. Juan Romagoza, Neris Gonzalez, and Carlos Mauricio during the civil war in El Salvador. The jury awarded them $54.6 million in damages.

 



Lauren Benton,
Law and Colonial Cultures: Legal Regimes in World History, 400-1900. Cambridge University Press, 2002.

Law and Colonial Cultures advances a new perspective in world history, arguing that cultural practice and institutions - not just the global economy - shaped colonial rule and the international order.  The book examines the shift from the multicentric law of early modern empires to the state-centered law of high colonialism.  In the early modern world, the special legal status of cultural and religious minorities provided institutional continuity across empires.  Colonial and postcolonial states developed in the nineteenth century in part as a response to conflicts over the legal status of indigenous subjects and cultural others.  The book analyzes these processes by juxtaposing discussion of broad institutional change with microstudies of selected legal cases.

Table of Contents

Acknowledgments

1 Legal Regimes and Colonial Cultures

2 Law in Diaspora: The Legal Regime of the Atlantic World

3 Order out of Trouble: Jurisdictional Tensions in Catholic and Islamic Empires

4 A Place for the State: Legal Pluralism As a Colonial Project in Bengal and West Africa

5 Subjects and Witnesses: Cultural and Legal Hierarchies in the Cape Colony and New South Wales

6 Constructing Sovereignty: Extraterritoriality in the Oriental Republic of Uruguay

7 Culture and the Rule(s) of Law

 Bibliography
 Index