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Law
StanfordUniversity Press
New and Forthcoming Titles from Stanford University Press20% discounton all cloth and paperback titles
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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
cloth and paperback
titles. Use promo code:
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8/2/2019 Stanford Law Catalog 2012
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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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8/2/2019 Stanford Law Catalog 2012
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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
256 pp., 20129780804778794 Paper $22.95 $18.36 sale9780804778787 Cloth $75.00 $60.00 sale
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
8/2/2019 Stanford Law Catalog 2012
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theAmherserie
inLaw,Juripruene,ansoialthough Examination
Copy Policy
Stanord University Press will
be glad to send you an ex-
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
8/2/2019 Stanford Law Catalog 2012
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Receive a 20% discount(sale price) on all cloth andpaperback titles listed in thiscatalog. Use the followingPromotional Discount Code:S12LAW.
Please order by phone or
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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
264 pp., 20129780804783583 Paper $24.95 $19.96 sale9780804783576 Cloth $85.00 $68.00 sale
theculuralLiv
eofLaw
AserieseditedbyAustinSarat
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ieraal a cmparave Law8
AVAILABLE IN NOVEMBER 2012
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,
368 pp., 20129780804778336 Paper $27.95 $22.36 sale9780804778329 Cloth $90.00 $72.00 sale
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
8/2/2019 Stanford Law Catalog 2012
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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
AVAILABLE IN NOVEMBER 2012
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
320 pp., 20129780804774512 Paper $24.95 $19.96 sale9780804774505 Cloth $85.00 $68.00 sale
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
AVAILABLE IN NOVEMBER 2012
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
248 pp., 20129780804782265 Paper $24.95 $19.96 sale9780804782258 Cloth $80.00 $64.00 sale
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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
8/2/2019 Stanford Law Catalog 2012
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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
336 pp., 20129780804772334 Paper $27.95 $22.36 sale9780804772327 Cloth $90.00 $72.00 sale
Habermas
Te Discourse Teoryo Law and DemocracyHugh Baxter352 pp., 20119780804769129 Cloth $60.00 $48.00 sale
8/2/2019 Stanford Law Catalog 2012
12/12
StanordUn
iversityPress
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