Law

Bernard Harcourt case in the New Yorker

September 21, 2016
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Bernard Harcourt case in the New Yorker

Bernard E. Harcourt has written several books for the University of Chicago Press about issues in law, criminality, and policing that politicize problems around race and social inequality, especially as they complicate more staid academic considerations in sociology and contemporary critical theory. Harcourt is also a lawyer, and as recently profiled by the New Yorker, at the helm of a case decades in the making—a last ditch effort via a possible Supreme Court hearing to commute Doyle Lee Hamm’s death sentence into life without parole. Through the Alabama case and its resultant (denied) appeals, which could have been fodder for an Errol Morris documentary (in which Harcourt has represented his client pro bono since 1994 and assembled an archive of “eleven bankers boxes” of evidence), Harcourt has established a relationship with his client that has transcended his own career moves and life changes, and born witness to the dozens of friends Hamm made on death row and subsequently lost to the “Yellow Mama,” Alabama’s electric chair. The backstory makes for fascinating, albeit urgent, reading: on September 26th, the Supreme Court will decide whether or not to hear Hamm’s case, the last resort for Harcourt and his client. As the New Yorker piece concludes: “He did a . . .

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John Inazu on Korematsu vs. the United States

December 21, 2015
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John Inazu on Korematsu vs. the United States

John Inazu (author of Confident Pluralism: Surviving and Thriving through Deep Difference) and Karin Tani recently published an op-ed at the Los Angeles Times, “The Japanese American internment decision: A dangerous relic,” on the anniversary of the Korematsu vs. the United States verdict, and the ominous legal precedent it established. A frightening direct quotation from later in the piece: “Last year, Supreme Court Justice Antonin Scalia told law students at the University of Hawaii that ‘of course Korematsu was wrong,’ but ‘you are kidding yourself if you think the same thing will not happen again.'” *** Friday marks the anniversary of one of the most infamous legal decisions in the history of our country, Korematsu vs. United States. Seventy-three years ago, during World War II, the United States government forcibly removed 110,000 Japanese Americans from their homes and confined them in detention camps. Loyal citizens lost their property and liberty, based solely on their ancestry. The Korematsu decision validated that action: Relying on a deeply flawed evidentiary record — which included blatant racial animus, hyperbolized threats and misrepresentations by government lawyers — the Supreme Court ruled that the need to protect against the threat of espionage outweighed individual rights. The federal government has . . .

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Sexual Exploitation of Teenagers: A Postscript

August 10, 2015
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Jennifer Ann Drobac’s Sexual Exploitation of Teenagers: Adolescent Development, Discrimination, and Consent Law—which focuses on the precarious positions, legal and otherwise, occupied by developing adolescents when sexually harassed by adults, including supervisors, teachers, and mentors—will publish in January 2016.  Following a recent change to California civil law spurred by Drobac’s scholarship, the following serves as postscript to the book. In November 2014, after I completed this manuscript, I spoke with Karen Foshay, a news reporter who was covering a case involving a California middle school student. Los Angeles School District lawyers used the girl’s consent to sex with her teacher to defend a civil action filed by her family. Then, after Arun Rath interviewed me on All Things Considered, I received calls from several California legislative aides regarding possible changes to California civil law. In July 2015, Governor Jerry Brown signed S.B. 14, effective January 1, 2016. This bill creates California Civil Code section 1708.5.5, which will prohibit the use of a minor’s consent in a civil action against an adult in a position of authority. It is not clear how this law will affect California civil cases involving adults who do not occupy positions of authority. Additionally, one cannot tell how this new . . .

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Winnifred Fallers Sullivan on the impossibility of religious freedom

July 8, 2014
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Winnifred Fallers Sullivan on the impossibility of religious freedom

  The impossibility of religious freedom by Winnifred Fallers Sullivan In the last week the US Supreme Court has decided two religious freedom cases (Burwell v. Hobby Lobby and Wheaton College v. Burwell) in favor of conservative Christian plaintiffs seeking exemptions from the contraceptive coverage mandate of the Affordable Care Act. Liberals have gone nuts, wildly predicting the end of the world as we know it. While I share their distress about the effects of these decisions on women, I want to talk about religion. I believe that it is time for some serious self-reflection on the part of liberals. To the extent that these decisions are about religion (and there are certainly other reasons to criticize the reasoning in these opinions), they reveal the rotten core at the heart of all religious freedom laws. The positions of both liberals and conservatives are affected by this rottenness but I speak here to liberals. You cannot both celebrate religious freedom and deny it to those whose religion you don’t like. Human history supports the idea that religion, small “r” religion, is a nearly ubiquitous and perhaps necessary part of human culture. Big “R” Religion, on the other hand, the Religion that is protected . . .

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Carole Emberton on Paula Deen, SCOTUS, and the VRA

June 26, 2013
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Carole Emberton on Paula Deen, SCOTUS, and the VRA

In a recent piece for the History News Network, scholar Carole Emberton (whose Beyond Redemption: Race, Violence, and the American South published this month) takes on the Paula Deen controversy, both prior to and in light of SCOTUS’s recent decision on the Voting Rights Act: For the past few days, there has been much ado about Paula Deen’s use of a certain racial epithet. It’s not much ado about nothing, however, as many of her defenders would like to us believe. This incident, along with a seemingly unrelated case now before the Supreme Court, challenge our understandings of what history is and what it means for the nation’s political life. Both Deen and her defenders plead her case by arguing that she is old and southern and therefore cannot help using such language. Her great-grandfather owned slaves. She grew up under Jim Crow. “She’s just from another time,” concluded one patron of her popular restaurant. Perhaps it is ironic that the patron was of the race that bears the stigma of the racial epithet that the chef admitted using. Perhaps not. For both Deen and her unlikely defender, the past is like a well-worn apron stained with remnants of old messes . . .

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Martha Nussbaum on Julius Caesar and political love

March 28, 2013
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Martha Nussbaum on Julius Caesar and political love

An excerpt from “‘Romans, Countrymen, and Lovers’: Political Love and the Rule of Law in Julius Caesar,” in Shakespeare and the Law: A Conversation among Disciplines and Professions Julius Caesar shows us two different kinds of political love, in tragic opposition. Brutus is principled, but he is not cold. He loves the institutions of the Roman Republic, and he tells us that this abstract love has driven out his personal love of Caesar, as fire drives out fire. He appeals to the emotions he believes all Romans have for their threatened republican form of government. Addressing them as “countrymen and lovers” (3.2.13), he summons them to love of country and hatred of oppression. Suspicious of any particularistic attachment, Brutus prefers emotions resolutely fixed on an abstract object, which reason can justify and commend. He expects all Romans to be like him: deliberative citizens, who value liberty with both their judgment and their hearts. Brutus’s antitype is Antony, who can understand no kind of love other than the personal, who cannot refrain from calling the dead man “Julius” even in the presence of the conspirators, and whose “Oh, pardon me, thou bleeding piece of earth” spills out over this world of . . .

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A reading list for marriage equality

March 28, 2013
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A reading list for marriage equality

To better understand the shift in activist politics and policy—from rejection of marriage as an institution to lobbying for same-sex couples’ right to marry—by gay and lesbian rights organizations, read The Nuptial Deal: Same-Sex Marriage and Neo-Liberal Governance by Jay Cee Whitehead. Whitehead’s argument parallels the transformation that occurred in the minds of activists and ordinary citizens with the rise of neo-liberalism, ultimately arguing that the federal government’s resistance to same-sex marriage stems not from “traditional values” but from fear of exposing marriage as a form of governance rather than a natural expression of human intimacy.       To better grasp the pattern of waxing and waning same-sex marriage has faced in terms of public visibility—and to comprehend how policy cycles and political opportunity have characterized debates since the 1996 passing of the Defense of Marriage Act—read The Politics of Same-Sex Marriage, edited by Craig A. Rimmerman and Clyde Wilcox. The Politics of Same-Sex Marriage brings together an esteemed list of scholars who consider how court rulings and local legislatures have kept the issue alive in the political sphere, and conservatives and gay rights advocates have made the issue a key battlefield in the culture wars.       . . .

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Introducing Chicago Shorts

February 1, 2013
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Introducing Chicago Shorts

“Longer than a tweet and shorter than A River Runs Through It—” INTRODUCING CHICAGO SHORTS  The University of Chicago Press is pleased to announce the launch of Chicago Shorts—distinguished selections, including never-before-published material, off-the-radar reads culled from the University of Chicago Press’s commanding archive, and the best of our newest books, all priced for impulse buying and presented exclusively in DRM-free e-book format. Aimed at the general reader and running the gamut from the latest in contemporary scholarship to can’t-miss chapters from classic publications, Chicago Shorts turn the page on the twenty-first-century reading experience. Among the inaugural batch of nine Shorts, you’ll find: What Every Novelist Needs to Know about Narrators by Wayne C. Booth Ebert’s Bests by Roger Ebert Nixon and the Silver Screen by Mark Feeney A Little History of Photography Criticism; or, Why Do Photography Critics Hate Photography? by Susie Linfield Custer’s Last Stand: The Unfinished Manuscript by Norman Maclean Shylock on Trial: The Appellate Briefs by Richard Posner and Charles Fried Erika and Klaus Mann in New York: Escape from the Magic Mountain by Andrea Weiss Bill Veeck’s Crosstown Classic by Bill Veeck with Ed Linn Rabbits with Horns and Other Astounding Viruses by Carl Zimmer . . .

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Health Care for Some: Beatrix Hoffman on the PPACA ruling

June 29, 2012
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Health Care for Some: Beatrix Hoffman on the PPACA ruling

Unless you’ve been sleeping under a rock (under Iraq? Unforgiveable pun?), yesterday’s Supreme Court decision to uphold the majority of the Patient Protection and Affordable Care Act (PPACA), ruled in the National Federation of Independent Businesses v. Sebelius, likely caught your attention. Despite attempts to repeal the act by both the 111th and 112th Congresses, the Court determined that the government mandate for health care was a tax, and thus fell under Congress’s taxing authority, with the caveat that the federal government could not withhold Medicaid funds in their entirety to states that refused to comply with Medicaid expansion. The Washington Post has a helpful electronic cheat sheet that explains how the legislation will affect you directly in the months and year to come, based on the type of insurance you do or do not carry, your income, and household status. With that in mind, we asked scholar Beatrix Hoffman, author of Health Care for Some: Rights and Rationing in the United States since 1930, to weigh in on Court’s ruling in light of her own research on America’s long tradition of unequal access to health care. Her thoughts follow below. *** A Historic Ruling for Health Care The Supreme . . .

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Failing Law Schools: What’s so funny?

June 28, 2012
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Failing Law Schools: What’s so funny?

Wait. I’ve got one— “A lawyer walks into a bar”—oh, you’ve already heard it. “A one-legged lawyer walks into a bar”—no? That, too? How about this one? I’m working on my timing. “What’s the difference between a good lawyer and a great lawyer?” Give up? “A good lawyer knows the law. A great lawyer knows the judge.” Is that funny? n 1873, Robert Vischer coined the term Einfühlung in “On an Optical Sense of Form: A Contribution to Aesthetics” in order to designate a sort of personification—the projection of human feelings on the natural world. Vischer was concerned with our ability to feel ‘into’ nature and art, and Einfühlung picks up from the German Romantic tradition of Johann Gottfried Herder and Georg Philipp Friedrich Freiherr von Hardernberg (Novalis) as a process of poetic identification with the natural world and its underlying spiritual relationship with man. Part of Vischer’s interest laid in the fact his father Friedrich Theodor Vischer had, a generation earlier, written the monumental Aesthetik and attempted the use of Einfühlen in order to describe architectural form in congruence with German Idealist philosophy and the rebellions of 1848–49. Vischer relegated empathy to the place between purely responsive and intellectual . . .

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