stanford law catalog 2012

8/2/2019 Stanford Law Catalog 2012

1/12

Law

StanfordUniversity Press

New and Forthcoming Titles from Stanford University Press20% discounton all cloth and paperback titles

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2/12

u.s. Law a cr2

Copyraud and

Other Abuseso IntellectualProperty LawJason Mazzone

Intellectual property law in theUnited States does not work welland it needs to be reormedbutnot or the reasons given by mostcritics. Rather, the primary prob-

lem is overreaching by thosewho abuse intellectual propertylaw by claiming stronger rightsthan the law actually gives them.Tis is the rst book to examineoverreaching as a distinct prob-lem and to show how to solve it.

Makes a crucial contribution

to a ramework or shoring up

the governance o bits in the

digital age. The ormidable

powers o intellectual property

should be matched by proper

policing o its boundaries.

Jonathan Zittrain,

Harvard University

Masterully shows the aston-

ishing ways in which content

industries misuse their intel-

lectual property rightsand

how to rein them in. A must

read or anyone who cares

about the uture o creativity.

Jimmy Wales,

Founder of Wikipedia

312 pp., 20119780804760065 Cloth $27.95 $22.36 sale

Table of Contents

U.S. Law and Courts ........2-3

Law and Society ................4-7

International andComparative Law............8-10

Jurisprudence andLegal History ...................10-11

Exam Copy Policy .........................6

Ordering .............................................7

Felony Murder

Guyora BinderFelony Murderis the rstbook on this controversiallegal doctrine. It shows thatelony murder liability restson a simple and powerul idea:that the guilt incurred in at-tacking or endangering oth-ers depends on ones reasonsor doing so. Inicting harm

is wrong, and doing so or abad motivesuch as robbery,rape, or arsonaggravatesthat wrong. In presenting thisidea, Guyora Binder criticizesprevailing academic theorieso criminal intent or trying topurge criminal law o moraljudgment. Ultimately, Bindershows that elony murder law

has been and should remainlimited by its justiying aims.

Dismantles a mythological

history that has long shaped

criminal law teaching and

anchored modern criminal

law theory, opening a path

to a undamentally new way

o understanding the role o

criminal law in contempo-

rary society. Truly one o theoutstanding contributions to

criminal law theory in our time.

Jonathan Simon,

University of California, Berkeley

Critical Perspectives on Crime and Law368 pp., 20129780804755368 Paper $29.95 $23.96 sale9780804755351 Cloth $90.00 $72.00 sale

20% discount on all

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titles. Use promo code:

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rental and bundle options.


3/12

u.s. Law a cr 3

AVAILABLE IN DECEMBER 2012

Te Failed Promiseo OriginalismFrank Cross

Te primary point o the book isan examination o the degree towhich originalism inuences theCourts decisions. Frank B. Crosstests this by examining whetheroriginalism appears to constrainthe ideological preerences othe justices, which are a demon-strable predictor o their decisions.Ultimately, he nds that howevertheoretically appealing origi-nalism may seem, the changedcircumstances over time andlack o reliable evidence meansthat its use is indeterminate andmeaningless. Originalism can beselectively deployed or manipu-

lated to support and legitimizeany decision desired by a justice.

232 pp., 2012

9780804783828 Cloth $40.00 $32.00 sale

PAPERBACK AVAILABLE IN

August 2012

Te Teory andPractice o Statutory

InterpretationFrank B. Cross

248 pp., 16 tables, 15 fgures, 20099780804785235 Paper $24.95 $19.96 sale9780804759120 Cloth $50.00 $40.00 sale

AVAILABLE IN sEPtEMBER 2012

Without Fearor FavorJudicial Independenceand JudicialAccountability inthe States

G. Alan arr

Te impartial administration

o justice and the account-ability o government ocialsare two o the most stronglyheld American values. Yetthese values are oen in directconict with one another.

At the national level, the U.S.Constitution resolves the ten-sion between these two valuesin avor o judicial indepen-

dence. But at the state level,debate has continued as to theproper balance between judi-cial independence and judicialaccountability. In this volume,arr ocuses squarely on thatdebate. In part, the analysis ishistorical: how have the reign-ing conceptions o judicial in-dependence and accountabilityemerged. In part, the analysis istheoretical: what is the properunderstanding o judicial inde-pendence and accountability?

Law, Politics, and the Media320 pp., 20129780804760409 Paper $27.95 $22.36 sale9780804760393 Cloth $85.00 $68.00 sale

Whats Law Got

to Do With It?What Judges Do,Why Tey Do It,and Whats at StakeEdited byCharles Gardner Geyh

Tat political scientists andlaw proessors bring distinctapproaches to the study o

judging is inevitable. Tat thetwo are mutually inorma-tivenot mutually exclu-siveis just as undeniable,as this volume admirablydemonstrates. A great read.

Lee Epstein,

Northwestern University

Law, Politics, and the Media376 pp., 4 tables, 13 fgures, 2011

9780804775335 Paper $27.95 $22.36 sale9780804775328 Cloth $85.00 $68.00 sale

All Judges ArePoliticalExceptWhen TeyAre NotAcceptableHypocrisies andthe Rule o Law

Keith J. Bybee

The Cultural Lives of Law192 pp., 20109780804753128 Paper $19.95 $15.96 sale9780804753111 Cloth $55.00 $44.00 sale


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5/12

Law a sey 5

State o White

SupremacyRacism, Governance,and the United StatesEdited by Moon-Kie Jung,Joo H. Costa Vargas, andEduardo Bonilla-Silva

A savvy blockbuster o a book,

telling it like it really is: The U.S.

state is systemically racist and

imperialistic, with tentaclesreaching into an array o so-

cietal arenas and operations,

including military institutions,

immigration agencies, schools,

the Supreme Court, the wel-

are system, and the terrorism

mislabeled hate crimes.

Joe R. Feagin,

Texas A&M University

352 pp., 9 fgures, 4 photographs, 1 map, 20119780804772198 Paper $24.95 $19.96 sale9780804772181 Cloth $75.00 $60.00 sale

Law in ManySocietiesA ReaderEdited by Lawrence M.Friedman, Rogelio Prez-Perdomo, andManuel A. Gmez

This stimulating volume is a

real winner.

Eric Feldman,

University of Pennsylvania

336 pp., 20119780804763745 Paper $29.95 $23.96 sale9780804763738 Cloth $90.00 $72.00 sale

Broke

How Debt Bankruptsthe Middle ClassEdited by Katherine Porter

About 1.5 million householdsled bankruptcy in the last year,making bankruptcy as commonas college graduation and divorce.Te recession has pushed moreand more amilies into nancialcollapsewith unemployment,

declines in retirement wealth,and alling house values desta-bilizing the American middleclass. Broke explores the conse-quences o this unprecedentedgrowth in consumer debt andshows how excessive borrow-ing undermines the prosper-ity o middle class America.

Too many American amilies

are deep in debt. Its not only

a human tragedy or 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?

Heres a useul and insightul

guide to policies that can help.

Robert B. Reich

At last a book that analyzes the

growing eects o debt and

bankruptcy with rigor and data.

John, A.E. Pottow,

University o Michigan

Studies in Social Inequality320 pp., 20129780804777018 Paper $24.95 $19.96 sale9780804777001 Cloth $80.00 $64.00 sale

AVAILABLE IN August 2012

Racing orInnocenceWhiteness, Gender,and the BacklashAgainst ArmativeAction

Jennier L. Pierce

Tis book examines the back-

lash against armative action,ocusing on the stories o legalproessionals in an elite lawrm and cultural and personalorms o memory in the late1980s and early 1990sjustas courts, universities, andother institutions began to endarmative action programsacross the United States.

This compelling bookbrings armative action

back into the spotlight.

Patricia Yancey Martin,

Florida State University


aking LocalControlImmigration PolicyActivism in U.S. Citiesand StatesEdited byMonica W. Varsanyi320 pp., 13 tables, 5 fgures, 3 maps, 20109780804770279 Paper $24.95 $19.96 sale9780804770262 Cloth $65.00 $52.00 sale


6/12

theAmherserie

inLaw,Juripruene,ansoialthough Examination

Copy Policy

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amination copy o any book

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Law a sey6

AVAILABLE IN OCtOBER 2012

Te Secrets o LawEdited by Austin Sarat,Lawrence Douglas, andMartha Merrill Umphrey

Tis book explores the ways lawboth tracs in and regulatessecrecy. aking a close look atthe opacity built into legal andgovernance processes, it ex-amines the ways law produces

zones o secrecy, the relationbetween secrecy and justice,and how we understand theinscrutability o laws processes.

This compelling interdisciplin-

ary volume raises the timely

question o transparency in law

and governance, and delivers a

rich, nuanced exploration in this

new collection o essays that

will prove useul or students olaw, politics, and humanities.

Sara Murphy,

New York University

288 pp., 20129780804782593 Cloth $65.00 $52.00 sale

Law as Punish-ment / Law as

RegulationEdited by Austin Sarat,Lawrence Douglas, andMartha Merrill Umphrey200 pp., 20119780804771702 Cloth $65.00 $52.00 sale

Imagining New

LegalitiesPrivacy and ItsPossibilities in the21st CenturyEdited by Austin Sarat,Lawrence Douglas, andMartha Merrill Umphrey

Tis book reminds us thatexamining the right to pri-

vacy and the public/privatedistinction is an importantway o mapping the ormsand limits o power that canlegitimately be exercised bycollective bodies over individu-als and by governments overtheir citizens. It does not seekto provide a comprehensiveoverview o threats to privacy

and rejoinders to them. Instead,it considers several diferentconceptions o privacy and pro-vides examples o legal inven-tiveness in conronting somecontemporary challenges tothe public/private distinction.

Advances our thinking about

powerul political and cultural

challenges embedded in our

eorts to improve our under-standing o the law. This is a tru-

ly thoughtul, timely, and well-

grounded collection o essays.

William Lyons,

University of Akron

224 pp., 20129780804777049 Cloth $65.00 $52.00 sale


7/12

Receive a 20% discount(sale price) on all cloth andpaperback titles listed in thiscatalog. Use the followingPromotional Discount Code:S12LAW.

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Ordering

Law a sey 7

Afer Secular LawEdited by WinniredFallers Sullivan,Robert A. Yelle, andMateo aussig-Rubbo

Tis work gives special atten-tion to the secularism o law,exploring how law becamesecular, the phenomenology othe legal secular, and the chal-lenges that lingering religious

ormations and other aspectso globalization pose or mod-ern laws sel-understanding.Bringing together scholarswith a variety o perspectivesand orientations, it provides adeeper understanding o theinterconnections between lawand religion and the unex-pected histories and anthro-pologies o legal secularism

in a globalizing modernity.

You will never again look at

secular law in the same way a-

ter reading this book. The topic

o rethinking law and religion

ater the critique o secularity

is important and timely, and

this book rerames the entire

debate through an ambitious,

eclectic, and oten brilliant

series o interventions. It will be

a benchmark in the many felds

to which it contributes and is a

major contribution to the study

o law, religion, and politics.

Elizabeth Shakman Hurd,

Northwestern University

400 pp., 20119780804775366 Cloth $60.00 $48.00 sale

AVAILABLE IN NOVEMBER 2012

ZoolandTe Institutiono Captivity

Irus Braverman

Zoos have their ardent sup-porters and their vocal detrac-tors. And while we all haveopinions on what zoos do, ewpeople consider how they do

it. Irus Braverman draws onmore than sixty interviewsconducted with zoo manag-ers and administrators, as wellas animal activists, to ofer aglimpse into the otherwise un-known complexities o zooland.

Drawing on studies o thepanopticon and pastoral careand the methods o science

and technology studies, thisbook illuminates the project ogoverning zoo animals. And inso doing, it makes surprisinginterconnections between ourunderstandings o the humanand the nonhuman.

"Oering a very close study o

human-animal relationships

under specifc institutional

and ideological conditions,Braverman has written

a great book about zoos,

maybe the best ever."

David Delany,

Amherst College


theculuralLiv

eofLaw

AserieseditedbyAustinSarat


8/12

ieraal a cmparave Law8


ime in theShadowsConfnement inCounterinsurgencies

Laleh Khalili

Detention and connemento both combatants and civil-ianshave become xtures oasymmetric wars. Tis book

investigates the two major liberalcounterinsurgencies o our day:Israeli asymmetric warare inPalestine and the U.S. War onerror. In rich detail, the bookinvestigates Abu Ghraib, Guan-tnamo Bay, CIA black sites, andGaza, among others, and linksthem to a history o colonialcounterinsurgencies. Khalili

dely demonstrates that whateverthe orm o incarcerationvis-ible or invisible, ofshore orinlandliberal states have con-sistently acted illiberally in theircounterinsurgency connements.

Det and inormative, the book

provides a historical excavation o

the imperatives o counter-insur-

gency doctrinesrom the ideas

that drove the European colonialwars in the dying days o those

empires to the U.S. and Israeli

states o warare in our own times.

Vijay Prashad,

Trinity College,


Te Handbook

o ComparativeCriminal LawEdited by Kevin Jon Hellerand Markus D. Dubber

This essential work provides a

useul starting point or anyone

interested in how central issues

o criminal law are dealt with

across a wide range o legal

systems. The admirably broad

coverage encompasses the

laws o sixteen nations across

six continents, including some

only rarely, and less compre-

hensively, dealt with in English.

Stuart Green,

Rutgers School of Law

672 pp., 20109780804757584 Cloth $90.00 $72.00 sale

Gender andIslam in AricaRights, Sexuality,and LawEdited by Margot BadranCopublished with the Woodrow WilsonCenter Press336 pp., 20119780804774819 Cloth $60.00 $48.00 sale

Between Law and

DiplomacyTe Social Contextso Disputing atthe World radeOrganization

Joseph A. Conti

Drawing on interviews withtrade lawyers, ambassadors,trade delegations, and trade

jurists, this book details howtrade has become increasinglylegalized and the implica-tions o that or power rela-tions between rich and poorcountries. Joseph Conti looksclosely at who uses the systemto initiate and pursue disputes,who settles and on what terms,and the relative disconnect

between pursuing a disputeand what a country gainsthrough eforts to gain com-

pliance with WO dictates.

264 pp., 3 tables, 4 fgures, 20109780804771436 Cloth $50.00 $40.00 sale

Te Fog o LawPragmatism, Security,

and International LawMichael J. Glennon

Copublished with the Woodrow WilsonCenter Press224 pp., 20109780804771757 Cloth $40.00 $32.00 sale


9/12

sa

nforsuieinHumanRigh

AserieseditedbyMarkGoodale

ieraal a cmparave Law 9

Values in

ranslationHuman Rights andthe Culture o theWorld Bank

Galit A. Saraty

Values in Translation analyzesthe organizational culture othe World Bank and addressesthe question o why it has not

adopted a human rights rame-work. Academics and socialadvocates have typically ocusedon legal restrictions in the BanksArticles o Agreement. Tisworks anthropological analy-sis sheds light on internal ob-stacles including the employeeincentive system and a clash oexpertise between lawyers and

economists over how to denehuman rights and justiy theirrelevance to the Banks mission.

Why has the World Bank been so

slow to take on human rights?

This ascinating ethnography

ollows the movement o people

and ideas within the Bank to

show how human rights were

economized in order to be heard.

It oers great insight into theway organizations work and into

the cultural dimensions o law.

Sally Engle Merry,

New York University

200 pp., 2 tables, 20129780804763523 Paper $24.95 $19.96 sale9780804763516 Cloth $80.00 $64.00 sale


Campaigningor JusticeHuman RightsAdvocacy in Practice

Jo Becker

Human rights advocates have hadremarkable success establishingnew international laws, securingconcrete changes in policies and

practices, and transorming theterms o public debate. Yet too o-ten, the strategies these advocateshave employed are not broadlyshared. Written rom a practitio-ners perspective, this book ex-plores the strategies behind someo the most innovative humanrights campaigns o recent years.

A singular contribution to

the literature on activism.Elazar Barkan,

Columbia University


Stones o HopeHow Arican ActivistsReclaim Human Rightsto Challenge GlobalPovertyEdited by Lucie E. Whiteand Jeremy Perelman280 pp., 20109780804769204 Paper $24.95 $19.96 sale9780804769198 Cloth $70.00 $56.00 sale


In the Wake oNeoliberalismCitizenship andHuman Rights inArgentina

Karen Ann Faulk

Tis book is concerned with thecomplex interrelationship othe discourse o human rights

and the neoliberal project. Inexploring how rights talk isused and adapted locally by

various activist groups, the booklooks at the mutually orma-tive and contentious interac-tions between ideas o humanrights, rights o citizenship, andthe concrete and envisionedsocial relationships that orm

the basis or social activismin the wake o neoliberalism.

A powerul and moving eth-

nographic work that fxes

transnational conceptions o

human rights in the context

o a global neoliberalism,

grounded frmly in the history

and society o Argentina. The

book makes a valuable contri-

bution to the interdisciplinaryliterature on human rights.

Daniel Goldstein,

Rutgers University



10/12

Glo

balcompeiionLaw

AnEonomi

ieraal a cmparave Law10

Glbalcmpe Lawa Em

A ew bk ereee by

ia La a

d. dael skl

Competition law and eco-

nomicsor antitrust as

it is known in the United

Statesis an area of cut-

ting-edge academic work

with signicant policy

implications. Once con-

ned to the United States

and a few other countries,

antitrust has taken of asa global area of study in

a relatively short period

of time. More than 100

jurisdictions now have

competition laws, and de-

velopments in economic

thinking have helped to

reformulate attitudes in

both academic and policy

circles. This new book

series will be at the fore-

front of the development

of new ideas and ap-

proaches within the eld.

Te Global Limitso Competition LawEdited by Ioannis Lianosand D. Daniel Sokol

Over the last three decades, theeld o antitrust law has grownincreasingly prominent, andmore than one hundred coun-

tries have enacted competitionlaw statutes. As competition lawexpands to jurisdictions withvery diferent economic, social,cultural, and institutional back-grounds, the debates over itsuseulness have similarly evolved.

Tis book, the rst in a newseries on global competition law,critically assesses the importance

o competition law, its devel-opment and modern practice,and the global limits that haveemerged. Tis volume will be akey resource to both scholarsand practitioners interestedin antitrust, competition law,economics, business strategy,and administrative sciences.

Given the increasingly global

dynamics o competition lawand economics, Lianos and

Sokol will make an important

contribution to the feld o

antitrust with this new series.

Einer Elhauge,

Harvard University

312 pp., 13 tables, 3 fgures, 20129780804774901 Cloth $50.00 $40.00 sale

Juridical Humanity

A Colonial HistorySamera Esmeir

Samera Esmeir ofers a histori-cal and theoretical account o thecolonizing operations o modernlaw in Egypt. Investigating the law,both on the books and in practice,she underscores the centrality othe human to Egyptian legaland colonial history and argues

that the production o juridi-cal humanity was a constitutiveorce o colonial rule and subjuga-tion. Tis original contributionqueries long-held assumptionsabout the entanglement o law,humanity, violence, and nature,and thereby develops a new read-ing o the history o colonialism.

Delivers an extremely compelling

and smart interweaving o time,

legality, and postcolonialism, and

is an innovative tool or those

working in legal and postcolonial

theory and represents a major leap

orward in postcolonial thinking.

Keally McBride,

University of San Francisco

360 pp., 20129780804783040 Paper $24.95 $19.96 sale

9780804781251 Cloth $55.00 $44.00 sale

i n t R o d u c i n G


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Ju

rists:ProflesinL

egalT

heory

AserieseditedbyWilliamTwining

Jrpree a Legal Hry 11

Henry Fords War

on Jews and theLegal BattleAgainst HateSpeechVictoria Saker Woeste

Tis is the story o Fords owner-ship o the Dearborn Independent,his involvement in the deama-

tory articles it ran, and the twoJewish lawyers, Aaron Sapiroand Louis Marshall, who eachtried to stop Fords war. In 1927,the case oSapiro v. Fordtrans-xed the nation. In order to endthe embarrassing litigation, Fordapologized or the one thinghe would never have lost on incourt: the ofense o hate speech.

Gives us great courtroomdrama and captures an impor-

tant historical moment. This

will be the defnitive work on

Henry Ford and his conron-

tation by American Jews.

Richard S. Levy,

University of Illinois at Chicago

448 pp., 29 illustrations, 20129780804772341 Cloth $55.00 $44.00 sale

Woman LawyerTe rials oClara Foltz

Barbara Babcock392 pp., 13 fgures, 20119780804743587 Cloth $45.00 $36.00 sale

Philip Selznick

Ideals in the WorldMartin Krygier

Philip Selznicks wide-rangingwritings engaged with unda-mental questions concerningsociety, politics, institutions,law, and morals. Never con-ned by a single discipline orapproach, he proved himsela major gure across a range

o elds including sociology,organizations and institutions,leadership, political science, so-ciology o law, political theory,and social philosophy. Tis

volume, the rst book-lengthtreatment o Selznicks ideas,discusses Selznicks variousintellectual contributions.

A wonderully lucid and per-

ceptive intellectual biography

o Philip Selznick, covering

the ull range o Selznicks

work in organizational theory,

leadership studies, legal sociol-

ogy, and moral philosophy.

Kenneth Winston,

Harvard Kennedy School

352 pp., 20129780804744751 Cloth $65.00 $52.00 sale

FORtHCOMINg: FALL 2012

Ronald DworkinTird Edition

Stephen Guest

Ronald Dworkin is widely ac-cepted as the most importantand most controversial Anglo-American jurist o the past ortyyears. And this same-namedvolume on his work has become aminor classic in the eld, ofer-

ing the most complete analysisand integration o Dworkinswork to date. Tis third editionofers a substantial revision oearlier texts and, most impor-tantly, incorporates discussiono Dworkins recent master-workJustice for Hedgehogs.

Praise for earlier editions:

The leading work in the feld. . . I know o no comparable

work o this scope and depth

in the study o Dworkins work.

David A. Richards,

New York University


Habermas

Te Discourse Teoryo Law and DemocracyHugh Baxter352 pp., 20119780804769129 Cloth $60.00 $48.00 sale


12/12

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iversityPress

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