front cover of The Carleton Bigamy Trial
The Carleton Bigamy Trial
Mary Carleton
Iter Press, 2023
Multiple conflicting perspectives come together in this collection to provide a Rashomon-style account of marriage, fraud, and trickery in seventeenth-century England.
 
Mary Carleton was an ordinary woman from Canterbury who entered historical records when she was accused of bigamy. The seven pamphlets in this edition focus on the bigamy trial of Mary Carleton, in which the accused eloquently defends herself and is ultimately acquitted. Written in the early years of the English Restoration, they demonstrate that narratives presenting what “she said” and what “he said” can reveal, forcefully and painfully, how truth can be fragmented in the different arenas of law, love, and politics. Through their disparate accounts of a marriage gone wrong, these pamphlets reinforce the social status quo even while they radically shatter the very foundations that give it heft. In asking readers to question absolutes, they unmask the precarious relationship between words and the world.
 
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The Case About Amy
R. C. Smith, foreword by Frank G. Bowe
Temple University Press, 1996

The Rowley family's struggle began when Amy entered kindergarten and culminated five years later in a pivotal decision by the U.S. Supreme Court. In effect, the Court majority concluded that the Individuals with Disabilities Education Act did not mandate equal opportunity for children with disabilities in classes with typical children; a disappointing decision for disability advocates.

The Supreme Court decided that schools were required only to provide enough help for children with disabilities to pass from grade to grade. The Court reversed the lower courts' rulings, which had granted Amy an interpreter, setting a precedent that could affect the quality of education for all individuals with disabilities.

From the time Amy entered kindergarten in Peekskill, New York, her parents battled with school officials to get a sign language interpreter in the classroom. Nancy and Clifford Rowley, also deaf, struggled with officials for their own right to a communications process in which they could fully participate. Stuck in limbo was a bright, inquisitive child, forced to rely on partial lipreading of rapid classroom instruction and interaction, and sound amplifiers that were often broken and always cumbersome.

R.C. Smith chronicles the Rowley family's dealings with school boards, lawyers, teachers, expert consultants, advocates, and supporters, and their staunch determination to get through the exhaustive process of presenting the case time after time to school adjudicative bodies and finally the federal courts. The author also documents his own "coming to awareness" about how the "able" see the "disabled."



In the series Health, Society, and Policy, edited by Sheryl Ruzek and Irving Kenneth Zola.

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Cave Rock
Climbers, Courts, and a Washoe Indian Sacred Place
Matthew S. Makley
University of Nevada Press, 2010
On August 27, 2007, the U.S. Ninth Circuit Court of Appeals upheld an earlier district court ruling that sport climbing on a Washoe Indian sacred site in western Nevada must cease. Cave Rock, a towering monolith jutting over the shore of Lake Tahoe, has been sacred to the Washoe people for over five thousand years. Long abused by road builders and vandals, it earned new fame in the late twentieth century as a world-class sport rock-climbing site. Over twenty years of bitter disputes and confrontation between the Washoe and the climbers ensued. The Washoe are a small community of fewer than 2,000 members; the climbers were backed by a national advocacy and lobbying group and over a hundred powerful corporations. Cave Rock follows the history of the fight between these two groups and examines the legal challenges and administrative actions that ultimately resulted in a climbing ban. After over two centuries of judicial decisions allowing federal control, economic development, or public interests to outweigh Indian claims to their sacred places, the Court’s ruling was both unprecedented and highly significant. As the authors conclude, the long-term implications of the ruling for the protection of Native rights are of equal consequence.
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The Cedarville Conspiracy
Indicting U.S. Steel
L. Stephen Cox
University of Michigan Press, 2005
On the morning of May 7, 1965, the American freighter Cedarville collided with the Norwegian vessel Topdalsfjord in heavy fog in the Straits of Mackinac. Ultimately, ten crew members of the Cedarville died and a legal battle ensued implicating U.S. Steel---the company that owned the Cedarville---in the chain of events leading to the tragedy.

The Cedarville Conspiracy is the story of that doomed ship and its crew. It is also the first Great Lakes history to expose the heroism, villainy, courage, and confusion surrounding the Cedarville disaster.

In atmospheric, cinematic style, L. Stephen Cox's gripping page-turner dramatizes the events surrounding the collision between the Norwegian and American freighters. As the mortally wounded Cedarville began to list and sink, U.S. Steel refused to allow the crew to escape to safety, while the captain secretly donned his life jacket and abandoned the sinking ship. Ten seamen died in the frigid waters that morning as the captain and survivors swam to safety.

Researching the story, author L. Stephen Cox interviewed the surviving crew and their rescuers and attorneys, examined more than 20,000 pages of Coast Guard reports, and discovered deposition transcripts and other documentary evidence that detailed the deterioration of the ship, the captain's disregard of Great Lakes navigational rules, the company's participation in the decision to confine the men aboard the sinking vessel, and the subsequent efforts by U.S. Steel to manipulate the evidence.
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The Christ Child Goes to Court
Wayne R. Swanson
Temple University Press, 1992

In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the crèche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket’s display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government.

Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the crèche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case’s trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy.

An important conclusion of this critical examination of the courts’ approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems.

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Corporate Crops
Biotechnology, Agriculture, and the Struggle for Control
By Gabriela Pechlaner
University of Texas Press, 2012

Biotechnology crop production area increased from 1.7 million hectares to 148 million hectares worldwide between 1996 to 2010. While genetically modified food is a contentious issue, the debates are usually limited to health and environmental concerns, ignoring the broader questions of social control that arise when food production methods become corporate-owned intellectual property. Drawing on legal documents and dozens of interviews with farmers and other stakeholders, Corporate Crops covers four case studies based around litigation between biotechnology corporations and farmers. Pechlaner investigates the extent to which the proprietary aspects of biotechnologies—from patents on seeds to a plethora of new rules and contractual obligations associated with the technologies—are reorganizing crop production.

The lawsuits include patent infringement litigation launched by Monsanto against a Saskatchewan canola farmer who, in turn, claimed his crops had been involuntarily contaminated by the company’s GM technology; a class action application by two Saskatchewan organic canola farmers launched against Monsanto and Aventis (later Bayer) for the loss of their organic market due to contamination with GMOs; and two cases in Mississippi in which Monsanto sued farmers for saving seeds containing its patented GM technology. Pechlaner argues that well-funded corporate lawyers have a decided advantage over independent farmers in the courts and in creating new forms of power and control in agricultural production. Corporate Crops demonstrates the effects of this intersection between the courts and the fields where profits, not just a food supply, are reaped.

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A Crime of Self-Defense
Bernhard Goetz and the Law on Trial
George P. Fletcher
University of Chicago Press, 1990
The popular press dubbed him "the subway vigilante": Bernhard Goetz, who on December 22, 1984, shot four black youths on a New York subway train when one of them asked for five dollars. Goetz claimed to have fired in self-defense, out of fear that the young men were about to rob him.
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Cross Purposes
Pierce v. Society of Sisters and the Struggle over Compulsory Public Education
Paula Abrams
University of Michigan Press, 2009

"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."
---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law

"A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens."
---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School

"A well-written, well-researched blend of law, politics, and history."
---Joan DelFattore, Professor of English and Legal Studies, University of Delaware

In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.

In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.

Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.

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Cry Rape
The True Story of One Woman's Harrowing Quest for Justice
Bill Lueders
University of Wisconsin Press, 2007
Cry Rape dramatically exposes the criminal justice system’s capacity for error as it recounts one woman’s courageous battle in the face of adversity. In September 1997, a visually impaired woman named Patty was raped by an intruder in her home in Madison, Wisconsin. The rookie detective assigned to her case came to doubt Patty’s account and focused the investigation on her. Under pressure, he got her to recant, then had her charged with falsely reporting a crime. The charges were eventually dropped, but Patty continued to demand justice, filing complaints and a federal lawsuit against the police. All were rebuffed. But later, as the result of her perseverance, a startling discovery was made. Even then, Patty’s ordeal was far from over.
     Other books have dealt with how police and prosecutors bend and break the law in their zeal to prevail. This one focuses instead on how the gravest injustice can be committed with the best of intentions, and how one woman’s bravery and persistence finally triumphed.
 
Courage Award Winner, Wisconsin Coalition against Sexual Assault
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