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Law and Democracy in the Empire of Force
H. Jefferson Powell and James Boyd White, editors
University of Michigan Press, 2009
The authors of this book share a concern for the state of law and democracy in our country, which to many seems to have deteriorated badly. Deep changes are visible in a wide array of phenomena: judicial opinions, the teaching of law, legal practice, international relations, legal scholarship, congressional deliberations, and the culture of contemporary politics. In each of these intersections between law, culture, and politics, traditional expectations have been transformed in ways that pose a threat to the continued vitality and authority of law and democracy.
 
The authors analyze specific instances in which such a decline has occurred or is threatened, tracing them to "the empire of force," a phrase borrowed from Simone Weil. This French intellectual applied the term not only to the brute force used by police and soldiers but, more broadly, to the underlying ways of thinking, talking, and imagining that make that sort of force possible, including propaganda, unexamined ideology, sentimental clichés, and politics by buzzwords, all familiar cultural forms.
 
Based on the underlying crisis and its causes, the editors and authors of these essays agree that neither law nor democracy can survive where the empire of force dominates. Yet each manages to find a ground for hope in our legal and democratic culture.
 
H. Jefferson Powell is Frederic Cleaveland Professor of Law and Divinity at Duke University and has served in both the federal and state governments, as a deputy assistant attorney general and as principal deputy solicitor general in the U.S. Department of Justice and as special counsel to the attorney general of North Carolina. His latest book is Constitutional Conscience: The Moral Dimension of Judicial Decision.
 
James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force.

"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago

"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA

Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan

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Law and Investment in Japan
Cases and Materials, Second Edition
Yukio Yanagida, Daniel H. Foote, Edward Stokes Johnson, Jr., J. Mark Ramseyer, and Hugh T. Scogin, Jr.
Harvard University Press

Planned and designed by a leading Tokyo lawyer and several American practitioners and scholars, Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.

This new second edition reflects recent changes in the law and new directions in scholarly research.

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Law and Moral Action in World Politics
Cecelia Lynch
University of Minnesota Press, 2000

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Law Beyond the State
Pasts and Futures
Edited by Rainer Hofmann and Stefan Kadelbach
Campus Verlag, 2016
Law beyond the State brings together contributions by renowned experts on international and European Union law to celebrate the centennial of Goethe‒Universität Frankfurt. The essays explore Frankfurt’s contribution to the development of international law; the historical development of international law; how this form of law can be used as a tool to improve the world and create a better future for all; the essential relevance of the spiritual dimension of legal orders, including the European Union, to ensuring their values will be taken seriously; and the possibility, offered by the Internet, for all persons concerned with global lawmaking to participate effectively in relevant decision-making processes.
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Lawmaking for Development
Explorations into the Theory and Practice of International Legislative Projects
Julia Arnscheidt
Amsterdam University Press, 2008
Over the last decades there has been increased recognition that law and governance matter for development, be it macro-economic growth or the improvement of micro-level basic needs and freedoms. Legislation is a central part of state legal systems, and often the written legal norms are a starting point when seeking improvement of the legal system as a whole, or one of its specific aspects. This volume discusses how legislation (the product) and lawmaking (the process) function in developing countries, and how legislation contributes to development and how lawmaking and legislation can be improved either by the country itself or by donor assisted projects. It covers topics including legal transplantation, legislative quality, linkages between legislation and implementation, and the politics of lawmaking. The resultant volume combines insights from scholars, based on conceptual analysis and empirical research, with ideas from practitioners involved in lawmaking in legal technical assistance projects. Doing so, this volume aims to be useful for both academia and practice.
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Left Behind
Latin America and the False Promise of Populism
Sebastian Edwards
University of Chicago Press, 2010

The political and economic history of Latin America has been marked by great hopes and even greater disappointments. Despite abundant resources—and a history of productivity and wealth—in recent decades the region has fallen further and further behind developed nations, surpassed even by other developing economies in Southeast Asia and elsewhere.

In Left Behind, Sebastian Edwards explains why the nations of Latin America have failed to share in the fruits of globalization and forcefully highlights the dangers of the recent turn to economic populism in the region. He begins by detailing the many ways Latin American governments have stifled economic development over the years through excessive regulation, currency manipulation, and thoroughgoing corruption. He then turns to the neoliberal reforms of the early 1990s, which called for the elimination of deficits, lowering of trade barriers, and privatization of inefficient public enterprises—and which, Edwards argues, held the promise of freeing Latin America from the burdens of the past. Flawed implementation, however, meant the promised gains of globalization were never felt by the mass of citizens, and growing frustration with stalled progress has led to a resurgence of populism throughout the region, exemplified by the economic policies of Venezuela’sHugo Chávez. But such measures, Edwards warns, are a recipe for disaster; instead, he argues, the way forward for Latin America lies in further market reforms, more honestly pursued and fairly implemented. As an example of the promise of that approach, Edwards points to Latin America's giant, Brazil, which under the successful administration of President Luis Inácio da Silva (Lula) has finally begun to show signs of reaching its true economic potential.

As the global financial crisis has reminded us, the risks posed by failing economies extend far beyond their national borders. Putting Latin America back on a path toward sustained growth is crucial not just for the region but for the world, and Left Behind offers a clear, concise blueprint for the way forward.

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Legal Reform in Central America
Dispute Resolution and Property Systems
Martha A. Field and William W. Fisher III
Harvard University Press, 2001

The countries of Central America, afflicted for many years by civil strife and economic stagnation, are entering a new era of peace, democracy, and economic development. Now, more than ever, it is necessary for reforms in the legal system to successfully support these changes.

This volume examines two fields of law in which reforms are especially crucial: the improvement of the judicial systems and other mechanisms for resolving noncriminal disputes, and modernization of the laws governing both tangible and "intellectual" property. Among the specific topics addressed in the volume are the debate over "oralidad;" the problem of interlocutory appeals; nonjudicial procedures for resolving disputes (negotiation, mediation, conciliation, and arbitration); land and trademark registration systems; land reform in Nicaragua; the management of genetic resources; online legal databases; and legal education.

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Lessons from East Asia
Danny M. Leipziger, Editor
University of Michigan Press, 2001
This compilation of case studies and cross-country essays focuses on the role of public policy in the experience of East Asian economies. A major theme running through the volume is regional learning and regional contagion--the spread of that learning. Beginning with the model and experience of Japan and continuing with the impressive achievements of countries originally considered unviable in the 1950s and 1960s, like Korea and Taiwan, contributors demonstrate how regional policy lessons permeated borders easily. The 1980s brought further lessons and flows of capital to the second generation of rapid industrializers. And the 1990s have seen regional contagion benefit new aspirants like Vietnam. As the chapters cumulatively reveal, however, the transferability of lessons depends on the institutional framework in which policy is formulated, the consistency of policy, and the quality of implementation.
Part 1 includes the case studies for the first generation of rapidly developing East Asian economics--the tigers--while Part 2 incorporates the later generation success stories--the cubs--plus the Philippines, a country only now beginning to show significant progress. Part 3 includes cross-country essays on public investment, foreign direct investment, and cross-country patterns that synthesize the lessons learned and propose actions for other development aspirants to pursue.
The essays aim to fill two major gaps--the paucity of country-specific work on the institutional side of development policy and the failure to explain the mixed record of industrial policies in East Asia. The volume will appeal to students, scholars, and policymakers in development economics.
Danny M. Leipziger is Lead Economist, Latin America Region, World Bank.
This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.
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The Liberal Illusion
Does Trade Promote Peace?
Katherine Barbieri
University of Michigan Press, 2005
"A very important and long-awaited major contribution to the debate . . . Her work cannot be ignored."
--Nils Petter Gleditsch, Journal of Peace Research

"Barbieri builds on a solid foundation of work on trade and conflict and specifies the conditions under which trade reduces and increases conflict. . . . The bottom line is that this is an important book in the study of trade and conflict because of its comprehensive approach."
--Kathy L. Powers, Perspectives on Politics

"Barbieri's analysis reveals the fundamental and intellectual weaknesses of the various arguments on this topic. [A] solid and timely contribution to the literature"
--Choice


The Liberal Illusion sheds light on an increasingly important question in international relations scholarship and the domain of policy making-whether international trade promotes peace. By examining a broad range of theories about trade's impact on interstate relations and undertaking a set of empirical analyses of the trade-conflict puzzle, Katherine Barbieri provides a comprehensive assessment of the liberal view that trade promotes peace. Barbieri's stunning conclusions depart from conventional wisdom in international relations. Consequently, The Liberal Illusion serves as an important counterargument and a warning call to policymakers who rely upon trade-based strategies to promote peace, strategies that appear to offer little hope of achieving their goals.
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Life Imprisonment
A Global Human Rights Analysis
Dirk van Zyl Smit and Catherine Appleton
Harvard University Press, 2019

Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices.

The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely.

Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.

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Lion Songs
Thomas Mapfumo and the Music That Made Zimbabwe
Banning Eyre
Duke University Press, 2015
Like Fela Kuti and Bob Marley, singer, composer, and bandleader Thomas Mapfumo and his music came to represent his native country's anticolonial struggle and cultural identity. Mapfumo was born in 1945 in what was then the British colony of Rhodesia (now Zimbabwe). The trajectory of his career—from early performances of rock 'n' roll tunes to later creating a new genre based on traditional Zimbabwean music, including the sacred mbira, and African and Western pop—is a metaphor for Zimbabwe's evolution from colony to independent nation. Lion Songs is an authoritative biography of Mapfumo that narrates the life and career of this creative, complex, and iconic figure.
 
Banning Eyre ties the arc of Mapfumo's career to the history of Zimbabwe. The genre Mapfumo created in the 1970s called chimurenga, or "struggle" music, challenged the Rhodesian government—which banned his music and jailed him—and became important to Zimbabwe achieving independence in 1980. In the 1980s and 1990s Mapfumo's international profile grew along with his opposition to Robert Mugabe's dictatorship. Mugabe had been a hero of the revolution, but Mapfumo’s criticism of his regime led authorities and loyalists to turn on the singer with threats and intimidation. Beginning in 2000, Mapfumo and key band and family members left Zimbabwe. Many of them, including Mapfumo, now reside in Eugene, Oregon.
 
A labor of love, Lion Songs is the product of a twenty-five-year friendship and professional relationship between Eyre and Mapfumo that demonstrates Mapfumo's musical and political importance to his nation, its freedom struggle, and its culture.
 
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