Richard A., Shweder

Martha Minow

Hazel Rose Markus

Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.

The Multicultural Challenge in Liberal Democracies

Engaging Cultural Differences

Identity, Politics, and the Law

Not Only for Myself

Inclusion, Exclusion, and American Law

Making All the Difference

When Should Law Forgive?

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice, and forgiveness, asking whether law should encourage individuals to forgive and when should the courts, public officials, and specific laws forgive? Minow examines these questions through sometimes- troubling cases ̄ comparing the legal treatment of juvenile offenses in the US with international responses to child soldiers, for example, and the legal forgiveness of corporate debt with the lack of forgiveness for consumer debt and student loans. With compassion and acumen, Minow acknowledges that there are certainly grounds for both individuals and societies to withhold forgiveness, but argues that there are also many places where letting go of justified grievances can make law more just, not less. This type of lawful forgiveness might also nudge individuals and societies toward the respect and generosity that comes with apology and restitution. Forgiveness does not change the past, but it does enlarge the future.

Mark S. Brodin

Thomas O. Main

Alexandra D. Lahav

"Casebook intended for use in a first-year civil procedure course"--

Doctrine, Practice, and Context

Civil Procedure

Stephen Subrin

The fourth edition, written by respected scholars and experienced educators, includes both classic and new materials. The book presents traditional topics in historical and empirical context, and it adds new and provocative materials as well as relevant theoretical and background readings. The procedural and nonprocedural aspects of the cases are thought-provoking, to hold students' interest. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by comments and questions which deepen students' understanding and clarify key concepts. The book includes more than forty well-crafted problems (both for class use and review) to help students solidify their understanding of the materials either in class or as out-of-class assignments. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more--all taken from real cases--appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. At approximately 1,300 pages, it is designed for civil procedure courses of any length. The Fourth Edition has been updated throughout. Features: Distinguished authorship, respected and experienced educator-scholars Exceptionally varied, provocative materials provide both historical and empirical context Well-written, well-positioned introductions and explanations Effective and supportive comments and questions More than 40 thoughtful practice exercises Practice exam questions challenging but not intimidating Two sample case files integrated throughout transcripts, memoranda, exhibits, motions, and more in the Appendix Consistently emphasizes lawyering skills and values as well as social responsibility Designed for civil procedure courses of any length Thoroughly updated, the revised Fourth Edition presents: new material throughout the text

Robert R.M. Verchick

Nancy Levit

"In the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues"--Unedited summary from book cover.

A Primer

Feminist Legal Theory (Second Edition)

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

Memory, Law, and Repair

Breaking the Cycles of Hatred

The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing. From the Trade Paperback edition.

Facing History after Genocide and Mass Violence

Between Vengeance and Forgiveness

The rise of collective violence and genocide is the twentieth century's most terrible legacy. Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing.

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality? Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference. Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision. Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different. Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

"As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"--

Why the Constitution Calls for Government Action to Preserve Freedom of Speech

Saving the News

Jody Freeman

Prof Martha Minow

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government's costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Outsourcing and American Democracy

Government by Contract

Richard A. Shweder

Educators and policymakers who share the goal of equal opportunity in schools often hold differing notions of what entails a just school in multicultural America. Some emphasize the importance of integration and uniform treatment for all, while others point to the benefits of honoring cultural diversity in ways that make minority students feel at home. In Just Schools, noted legal scholars, educators, and social scientists examine schools with widely divergent methods of fostering equality in order to explore the possibilities and limits of equal education today. The contributors to Just Schools combine empirical research with rich ethnographic accounts to paint a vivid picture of the quest for justice in classrooms around the nation. Legal scholar Martha Minow considers the impact of school choice reforms on equal educational opportunities. Psychologist Hazel Rose Markus examines culturally sensitive programs where students exhibit superior performance on standardized tests and feel safer and more interested in school than those in color-blind programs. Anthropologist Heather Lindkvist reports on how Somali Muslims in Lewiston, Maine, invoked the American ideal of inclusiveness in winning dress-code exemptions and accommodations for Islamic rituals in the local public school. Political scientist Austin Sarat looks at a school system in which everyone endorses multiculturalism but holds conflicting views on the extent to which culturally sensitive practices should enter into the academic curriculum. Anthropologist Barnaby Riedel investigates how a private Muslim school in Chicago aspires to universalist ideals, and education scholar James Banks argues that schools have a responsibility to prepare students for citizenship in a multicultural society. Anthropologist John Bowen offers a nuanced interpretation of educational commitments in France and the headscarf controversy in French schools. Anthropologist Richard Shweder concludes the volume by connecting debates about diversity in schools with a broader conflict between national assimilation and cultural autonomy. As America's schools strive to accommodate new students from around the world, Just Schools provides a provocative and insightful look at the different ways we define and promote justice in schools and in society at large.

Pursuing Equality in Societies of Difference

Just Schools

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

Martha Minow

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