Jumat, 30 Mei 2014

!! Get Free Ebook The Essential Agus: The Writings of Jacob B. Agus, by Steven T. Katz

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The Essential Agus: The Writings of Jacob B. Agus, by Steven T. Katz

Rabbi Jacob Agus' (1911-1986) intellectual production spanned nearly a half century and covered an enormous historical and conceptual range, from the biblical to the modern era. Best known as an important Jewish scholar, he also held important rabbinic, teaching, and public positions. Although born and raised within an orthodox setting, Agus was strongly influenced by American liberalism and his work displayed modernizing sympathies, reservations about nationalism--including some forms of Zionism--and often severe criticisms of kabbalah. Agus crafted a unique, quite American, modernizing vision that ardently sought to remain in touch with the wellsprings of the rabbinic tradition while remaining open to the intellectual and moral currents of his own time.

The Essential Agus brings together a sampling of Agus' most important published and unpublished material in one easily accessible volume. It will be an invaluable resource for students and researchers seeking to experience Agus' intellectual legacy.

  • Sales Rank: #608744 in Books
  • Brand: Brand: NYU Press
  • Published on: 1997-03-01
  • Released on: 1997-03-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.02" h x 1.44" w x 5.98" l, .0 pounds
  • Binding: Hardcover
  • 588 pages
Features
  • Used Book in Good Condition

Review

Praise for the 10th Anniversary Edition

""White by Law" remains one of the most significant and generative entries in the crowded field of 'whiteness studies.' Ian Haney Lopez has crafted a brilliant study, not merely of how 'race' figures in the juridical logic of U.S. citizenship, but of the ways in which law fully participates in the wholesale manufacture of those naturalized groupings we know as 'races.' A terribly important work."
-Matthew Frye Jacobson, author of "Roots Too: White Ethnic Revival in Post-Civil Rights America"

"Ten years after its initial publication, "White by Law" remains the definitive treatment of the naturalization cases, and provides a compelling account of the role of law in constructing race. A wonderful combination of thematic development and historical excavation, one leaves this revised edition with a thoroughgoing understanding of the ways in which citizenship functioned not only to include and exclude but as a process through which people quite literally became white by law."
-Devon W. Carbado, Professor of Law and Associate Dean, UCLA School of Law

Praise for the 1st edition:

"Haney Lopez performs a major service for anyone truly interested in understanding contemporary debates over racial and ethnic politics. . . . A sobering and crucial lesson for a society committed to equality and fairness."
-Martha Minow, Harvard Law School

"Here is one work that proved challenging to review with a fresh eye, having been widely reviewed and discussed since its original publication more than 10 years ago .While one's first question upon picking up such a book could easily be 'why bother?' with the re-release of an older work, in this case, the strategy works .[T]he addition of the author's personal narrative in the Preface and his intriguing view into the future with the new conclusion will add to the book's pedagogical value. In sum, Haney Lopez has provided a piece of scholarship worthy of bringing out a curtain call on its 10th anniversary."
-"Law and Politics Review",

""White by Law" remains the definitive work on how American law constructed a 'white' race at the turn of the twentieth century. Haney Lopez has added a chapter to the new edition, a sobering analysis of how, in our own time, 'colorblind' law and policy threaten to perpetuate, not eliminate, racial inequality. A must-read"
-Mae M. Ngai, author of "Impossible Subjects: Illegal Aliens and the Making of Modern America"

About the Author
Steven T. Katz is Slater Professor of Jewish and Holocaust Studies and former Director of the Elie Wiesel Center for Judaic Studies at Boston University. His many publications include The Holocaust in Historical Context.

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>> Download From Slavery to Poverty: The Racial Origins of Welfare in New York, 1840-1918, by Gunja SenGupta

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From Slavery to Poverty: The Racial Origins of Welfare in New York, 1840-1918, by Gunja SenGupta

The racially charged stereotype of "welfare queen"—an allegedly promiscuous waster who uses her children as meal tickets funded by tax-payers—is a familiar icon in modern America, but as Gunja SenGupta reveals in From Slavery to Poverty, her historical roots run deep. For, SenGupta argues, the language and institutions of poor relief and reform have historically served as forums for inventing and negotiating identity.

Mining a broad array of sources on nineteenth-century New York City’s interlocking network of private benevolence and municipal relief, SenGupta shows that these institutions promoted a racialized definition of poverty and citizenship. But they also offered a framework within which working poor New Yorkers—recently freed slaves and disfranchised free blacks, Afro-Caribbean sojourners and Irish immigrants, sex workers and unemployed laborers, and mothers and children—could challenge stereotypes and offer alternative visions of community. Thus, SenGupta argues, long before the advent of the twentieth-century welfare state, the discourse of welfare in its nineteenth-century incarnation created a space to talk about community, race, and nation; about what it meant to be “American,” who belonged, and who did not. Her work provides historical context for understanding why today the notion of "welfare"—with all its derogatory “un-American” connotations—is associated not with middle-class entitlements like Social Security and Medicare, but rather with programs targeted at the poor, which are wrongly assumed to benefit primarily urban African Americans.

  • Sales Rank: #4312098 in Books
  • Brand: Brand: NYU Press
  • Published on: 2009-03-01
  • Released on: 2009-03-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.02" h x .94" w x 5.98" l, 1.35 pounds
  • Binding: Hardcover
  • 352 pages
Features
  • Used Book in Good Condition

Review
“Indeed, though race is firmly in the foreground of this analysis, the hidden strength of this book is its abundant illustration of how poor New Yorkers, of every ethnic background, used welfare institutions to their own purposes. In the difficult task of approaching welfare history from the pauper’s point of view, Gunja SenGupta has succeeded... Well worth reading for those interested in the lives of the poor and the realities of social welfare, this book also provides new insights into the history of race ideology in the nineteenth century.”-The Journal of American History

“SenGupta's finely crafted study of post-slavery poverty in New York City gives a much higher level of understanding of the plight and courage of African Americans in the metropolis. By illuminating the tough economics of black life in nineteenth-century New York, she adds much-needed breadth to contemporary debate over how slavery affects the conditions of urban African Americans today.”
-Graham Russell Gao Hodges,author of Root and Branch: African Americans in New York and East Jersey, 1613-1863



"From Slavery to Poverty deserves a wide readership."-Gunja SenGupta,Journal of American Ethnic History

“This brilliantly written and boldly argued book finds the origins of popular ideas about race and poverty in a dynamic world of immigrants, former slaves, working women, transients, the elderly, prisoners, and children. Filled with rich details, compelling stories, and unexpected and enlightening examples, From Slavery to Poverty examines the struggles of poor and dispossessed people to expose the pernicious policies and dangerous ideas that cast African Americans as perpetually and inevitably dependent. Those of us who love history will return to this book over and over.”
-Craig Steven Wilder,author of A Covenant with Color: Race and Social Power in Brooklyn



Uniting African-American history, welfare history, whiteness studies, and women’s studies, SenGupta exposes and contests the racialized nineteenth-century imagery of America as an open, competitive, individualistic, monolithic, “white Republic.”-The Journal of Interdisciplinary History

"From Slavery to Poverty stands as an excellent example of research showing how marginalized people found tools of self-actualization within an oppressive socity."-James H. Adams,Journal of African American History



“SenGupta’s fascinating book is an important contribution to studies of welfare, reform, and race.”
-American Historical Review



“From Slavery to Poverty digs deeply into the vexed history of race and welfare in New York city. This book sparkles with fresh insights into the complicated story of black life in America's most important city.”
-Shane White,author of Stories of Freedom in Black New York

About the Author

Gunja SenGupta is professor of history at Brooklyn College and the Graduate Center, City University of New York. She is the author of For God and Mammon: Evangelicals and Entrepreneurs, Masters and Slaves in Territorial Kansas.

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0 of 0 people found the following review helpful.
More people should be reading this book!
By Stacy Horn
I read it for research, and it was just so illuminating. You can’t say you know American history without knowing the history SenGupta tells in this book. I know a lot of people think slavery happened so long ago, and no one today is still truly suffering its effects or from all the associated evils of slavery. This book connects the dots between then and now in the most meaningful way (although she stops in 1918, except for the epilogue). You see clearly how the consequences of slavery continue to ripple through from one generation and time period to the next and to destroy. Ta Nehisi Coates did this as well in his article The Case for Reparations. These two should be read together.

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Kamis, 29 Mei 2014

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Media Franchising: Creative License and Collaboration in the Culture Industries (Postmillennial Pop), by Derek Johnson

While immediately recognizable throughout the U.S. and many other countries, media mainstays like X-Men, Star Trek, and Transformers achieved such familiarity through constant reincarnation. In each case, the initial success of a single product led to a long-term embrace of media franchising—a dynamic process in which media workers from different industrial positions shared in and reproduced familiar cultureacross television, film, comics, games, and merchandising.

In Media Franchising, Derek Johnson examines the corporate culture behind these production practices, as well as the collaborative and creative efforts involved in conceiving, sustaining, and sharing intellectual properties in media work worlds. Challenging connotations of homogeneity, Johnson shows how the cultural and industrial logic of franchising has encouraged media industries to re-imagine creativity as an opportunity for exchange among producers, licensees, and even consumers. Drawing on case studies and interviews with media producers, he reveals the meaningful identities, cultural hierarchies, and struggles for distinction that accompany collaboration within these production networks. Media Franchising provides a nuanced portrait of the collaborative cultural production embedded in both the media industries and our own daily lives.

  • Sales Rank: #448521 in Books
  • Published on: 2013-03-22
  • Released on: 2013-03-22
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.00" h x .76" w x 6.00" l, .90 pounds
  • Binding: Paperback
  • 300 pages

Review
“Media Franchising demonstrates that political economy and cultural studies can be systematically integrated, something many have called for but few have achieved as impressively as Derek Johnson. Building on an ideal mix of industrial, cultural, textual, and ethnographic research, Johnson pushes back against the popular view of franchises as monstrous, self-replicating programming bullies to show how contested and complex the industrial cultures are that now produce them. In this scheme, franchises are not the predictable top-down economic outcome of conglomeration, but rather a collective cultural “solution” to volatile economic and technological changes negotiated by cadres of largely anonymous contract media producers. Essential reading for anyone hoping to better understand the churning contemporary mediascape.”-John T. Caldwell,author of Production Culture: Industrial Reflexivity and Critical Practice in Film and Television

"Johnson astutely reveals that franchises are not Borg-like assimilation machines, but, rather, complicated ecosystems within which creative workers strive to create compelling 'shared worlds.' This finely researched, breakthrough book is a must-read for anyone seeking a sophisticated understanding of the contemporary media industry."-Heather Hendershot,author of What's Fair on the Air?: Cold War Right-Wing Broadcasting and the Public Interest

About the Author
Derek Johnson is Assistant Professor of Media and Cultural Studies in the Department of Communication Arts at the University of Wisconsin–Madison. He is the author of Media Franchising: Creative License and Collaboration in the Culture Industries and the co-editor of A Companion to Media Authorship.

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Selasa, 27 Mei 2014

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Racial Indigestion: Eating Bodies in the 19th Century (America and the Long 19th Century), by Kyla Wazana Tompkins

Winner of the 2013 Lora Romero First Book Publication Prize presented by the American Studies Association Winner of the 2013 Association for the Study of Food and Society Book Award   The act of eating is both erotic and violent, as one wholly consumes the object being eaten. At the same time, eating performs a kind of vulnerability to the world, revealing a fundamental interdependence between the eater and that which exists outside her body. Racial Indigestion explores the links between food, visual and literary culture in the nineteenth-century United States to reveal how eating produces political subjects by justifying the social discourses that create bodily meaning.

Combing through a visually stunning and rare archive of children’s literature, architectural history, domestic manuals, dietetic tracts, novels and advertising, Racial Indigestion tells the story of the consolidation of nationalist mythologies of whiteness via the erotic politics of consumption. Less a history of commodities than a history of eating itself, the book seeks to understand how eating became a political act, linked to appetite, vice, virtue, race and class inequality and, finally, the queer pleasures and pitfalls of a burgeoning commodity culture. In so doing, Racial Indigestion sheds light on contemporary “foodie” culture’s vexed relationship to nativism, nationalism and race privilege.

For more, visit the author's tumblr page: http://racialindigestion.tumblr.com

  • Sales Rank: #671673 in Books
  • Brand: Brand: NYU Press
  • Published on: 2012-07-30
  • Released on: 2012-07-30
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.00" h x .81" w x 6.00" l, 1.20 pounds
  • Binding: Paperback
  • 288 pages
Features
  • Used Book in Good Condition

Review
"This text is one of the most theoretically groundbreaking and important 'food studies' texts to date."-H-Net Reviews

"Racial Indigestion is a subtle and wide-ranging study that will be of interest to scholars in nineteenth-century literature, critical race theory, American studies, food studies, and consumer cultures more generally.  The originality and depth of the analysis ensures that Racial Indigestion will be a key reference work for years to come.”-Black Cultural Studies

"Kyla Wazana Tompkins's study on eating in nineteenth-century America is mesmerizing.  From the playful literary history of children's tales in the antebellum period to the tightly woven cultural analysis of chromo-lithographed trade cards for food products in the Gilded Age, Tompkins convincingly makes the case that eating as a social practice was inextricably tangled with the construction and performance of nineteenth-century American identities."-WSQ: Women's Studies Quarterly

"The best moments in Racial Indigestion come not in the large, embracing statements of cultural analysis but in Tompkins’s close and persuasive textual readings."-American Quarterly

“Racial Indigestion is as creative as it is theoretically rigorous and archivally grounded. Tompkins sets forth a marvelous, fruitful array of analytic sites and clever juxtapositions, tracing the politics inherent in the decline of the hearth and the rise of stoves, reimagining the mouth as the window to an alimentary politics, and tracking the post-Reconstruction politics of trade cards. The connections she makes between eating and vernacular culture make the book satisfyingly literary, even as it is so clearly a stellar work of cultural studies.”-Elizabeth Freeman,author of Time Binds

"Bold and brilliant."-Journal of American History

"Five dense chapters, chronologically arranged, cover a great deal of ground....The best part of Racial Indigestion is a long final chapter on an archival trove of late nineteenth- and early twentieth-century chromolithographed trade cards advertising a variety of food products. The cards are remarkable in the variety of racial actors and scenarios they showcase, and so, simply as an act of archival recovery alone, the chapter performs a most useful service. But Tompkins brings to these cards an analytic subtlety that is little short of dazzling. Refusing to read them as in any way self-evident, she draws attention to their embeddedness in the idioms of vaudeville, minstrelsy, carnival, and other performative traditions."-Parama Roy,Journal of American Studies

"Racial Indigestion provides a highly accessible and well theorized approach to tracing the intersecting resonances between the orality, alimentary, and eroticism of the mouth in literary representation. It will be of great interest to scholars of food studies, African-American studies, and nineteenth-century American literature."- Journal of American Culture

"Highly ambitious and fascinating work."-Naomi Lesley,Children's Literature Association Quarterly

"Racial Indigestion offers an important theoretical contribution to food studies and should be useful to food scholars in a wide array of disciplines.  Tompkins reminds food scholars that close reading and a rigorous theoretical interpretation can throw new light on familiar sources and common questions."-Aubrey Adams,Food, Culture, and Society

"Tompkins' arguments centre around the triad of eating, racial formation and political culture.  However, she provides great depth and range to these ideas through the historically rich contextualisation of her artefacts and her elegant articulation of the cultural significance of her analyses."-Tisha Dejmanee,Australian Critical Race and Whiteness Studies Association

"An intrepidly researched meditation on the assertion that 'eating is central to the performance production of raced and gendered bodies in the nineteenth century' (p. 7), Racial Indigestion deserves an enthusiastic readership among scholars in fields ranging from American literary, cultural, and food studies to gender, sexuality, race, and performance theory."-Doris Witt,New England Quarterly

“A dazzlingly original and important contribution to our understanding of nineteenth-century American literature and culture. It brings together the still-emergent field of food studies with Americanist literary and cultural studies, but not in order to ‘apply’ a set food studies methodology to literature, or merely to trace a theme. Tompkins brings a new lens to bear on the cultural forms of a particular time and place, resulting in new insights into familiar texts but also in new ways of seeing archives that may not have seemed worth further exploration.”-Glenn Hendler,Fordham University

About the Author

Kyla Wazana Tompkins is Associate Professor of English and Gender and Women’s Studies at Pomona College. She is a former journalist and restaurant critic.

Most helpful customer reviews

1 of 6 people found the following review helpful.
Easy Read
By Linda J Rasmussen
The author presented great information that was extremely useful in my class. It gave us, the students, a lot to talk about, which was the goal of reading the book.

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Jumat, 23 Mei 2014

^ Free Ebook The Silicon Valley of Dreams: Environmental Injustice, Immigrant Workers, and the High-Tech Global Economy (Critical America), by David N.

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The Silicon Valley of Dreams: Environmental Injustice, Immigrant Workers, and the High-Tech Global Economy (Critical America), by David N.

Next to the nuclear industry, the largest producer of contaminants in the air, land, and water is the electronics industry. Silicon Valley hosts the highest density of Superfund sites anywhere in the nation and leads the country in the number of temporary workers per capita and in workforce gender inequities. Silicon Valley offers a sobering illustration of environmental inequality and other problems that are increasingly linked to the globalization of the world's economies.

In The Silicon Valley of Dreams, the authors take a hard look at the high-tech region of Silicon Valley to examine environmental racism within the context of immigrant patterns, labor markets, and the historical patterns of colonialism. One cannot understand Silicon Valley or the high-tech global economy in general, they contend, without also understanding the role people of color play in the labor force, working in the electronic industry's toxic environments. These toxic work environments produce chemical pollution that, in turn, disrupts the ecosystems of surrounding communities inhabited by people of color and immigrants. The authors trace the origins of this exploitation and provide a new understanding of the present-day struggles for occupational health and safety.

The Silicon Valley of Dreams will be critical reading for students and scholars in ethnic studies, immigration, urban studies, gender studies, social movements, and the environment, as well as activists and policy-makers working to address the needs of workers, communities, and industry.

  • Sales Rank: #518235 in Books
  • Brand: Brand: NYU Press
  • Published on: 2002-12-22
  • Released on: 2002-12-22
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.25" h x .79" w x 6.13" l, 1.00 pounds
  • Binding: Paperback
  • 303 pages
Features
  • Used Book in Good Condition

Review

"The Silicon Valley of Dreams . . . exposes the numerous inequities that plague the area, from the huge number of temporary workers, the highest per capita in the nation, to the obvious absence of union jobs."

-Conscious Choice

Most helpful customer reviews

6 of 6 people found the following review helpful.
Groundbreaking
By Malvin
"The Silicon Valley of Dreams" by David Pellow and Lisa Sun-Hee Park is a groundbreaking book that connects the environmental justice (EJ) movement with struggles pertaining to immigration, gender, workplace, and globalization. The authors present a new historiography of Santa Clara County, California that reveals a pattern of exploitation of people and resources dating from the Spanish Colonial period to the present. The book makes a compelling case that sustainability will remain elusive as long as for-profit capitalism rules the day.

Pellow and Park study the area's historical development to find common threads between the past and the present. Each economic period was marked by the despoilation and depletion of California's natural resources, and in all cases, the production system was characterized by the exploitation of predominantly poor, immigrant and female labor.

Interestingly, the authors show how the powerful have been consistently supported by their government sponsors even as the rights of the poor have been systematically denied. We find that the Spanish government's funding of the missionaries was not substantially different from the U.S. government's support of the California gold mining industry of the 1800s, the canneries of the early to mid twentieth century or the highly lucrative defense industry of today. Yet the indigenuous peoples and the poor immigrant workers who have labored in the fields and the factories have been consistently denied their political and economic rights. In this light, the fact that the poor suffer disproportionately from environmental injustices should not be surprising, or that the struggle to overcome the powerful interests that profit from the system remains difficult.

The authors show how the electronics manufacturing that dominates Silicon Valley today is not the "clean" industry that is often promoted by corporate public relations firms. We learn how the so-called "immaterial" economy is in fact produced with enormous amounts of energy inputs and demanding physical labor. Management's criminal silence on issues pertaining to workplace safety and the pollution of the local environment clashes severely with the industry's oft-repeated hyperbole about the open and empowered society that is purportedly fostered through information technology.

The author's analysis is supported with moving testimonies from flesh-and-blood workers who have suffered the ill effects of toxic exposure. Their heart-wrenching stories bring home the human costs of our high-tech culture in a deeply compelling way. But the authors also relate how grass-roots organizations have won modest victories in their attempts to protect workers and the community from harm. Clearly, the empowerment of women and minorities and respect for the environment is critical to achieving a sustainable and egalitarian society.

I recommend this highly readable, insightful and important book to everyone.

2 of 2 people found the following review helpful.
VERY eye opening
By sunohc
you know, i went to school for two years in the silicone valley and whenever I tell people about what I learned from this book and the stories, people REALLY have a hard time believing me!

That's how much of this corruption has been swept under the rug!

If you've been wondering about this, READ IT! IT's not that hard to read. I had to read it for a class and I actually felt engaged in most of the chapters.

It's amazing how much corruption and oppression there is in such a "clean silicone valley work place" and in the USA

Hard to give much away without talking about the whole book but I think you will enjoy it if you even have the SLIGHTEST interest in this matter.

I read this book for an Intro to Ethnic Studies class

Hope this helps,

Daniel

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Selasa, 20 Mei 2014

^ Ebook Artificial Parts, Practical Lives: Modern Histories of ProstheticsFrom Brand: NYU Press

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Artificial Parts, Practical Lives: Modern Histories of ProstheticsFrom Brand: NYU Press

From the wooden teeth of George Washington to the Bly prosthesis, popular in the 1860s and boasting easy uniform motions of the limb, to today's lifelike approximations, prosthetic devices reveal the extent to which the evolution and design of technologies of the body are intertwined with both the practical and subjective needs of human beings.

The peculiar history of prosthetic devices sheds light on the relationship between technological change and the civilizing process of modernity, and analyzes the concrete materials of prosthetics which carry with them ideologies of body, ideals, body politics, and culture.

Simultaneously critiquing, historicizing, and theorizing prosthetics, Artificial Parts, Practical Lives lays out a balanced and complex picture of its subject, neither vilifying nor celebrating the merger of flesh and machine.

  • Sales Rank: #1268903 in Books
  • Brand: Brand: NYU Press
  • Published on: 2002-04-01
  • Released on: 2002-04-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.00" h x .92" w x 6.00" l, 1.09 pounds
  • Binding: Paperback
  • 359 pages
Features
  • Used Book in Good Condition

Review

"These essays are valuable first forays into the history of prosthetics."

-Technology and Culture

About the Author

Katherine Ott is a curator of Science, Medicine, and Society at the National Museum of American History, Smithsonian Institution, which houses the largest collection of medical artifacts in the U.S.



David Serlin is Associate Professor of Communication and Science Studies at the University of California, San Diego.

Stephen Mihmis a doctoral candidate in history at New York University.

Most helpful customer reviews

1 of 1 people found the following review helpful.
Some great "food for thought".
By Maryjane Henry
This book covers a lot of really interesting perspectives on prosthetics and the world in which we live; from the history of prosthetics to the cultural influences of prosthetics and the science behind the technology. Much more than simply engineering and anatomy.

0 of 0 people found the following review helpful.
Five Stars
By LK
great

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Minggu, 18 Mei 2014

^^ PDF Ebook The Right to Be Parents: LGBT Families and the Transformation of Parenthood, by Carlos A. Ball

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The Right to Be Parents: LGBT Families and the Transformation of Parenthood, by Carlos A. Ball

The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, Ball’s stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.

  • Sales Rank: #2788894 in Books
  • Brand: Brand: NYU Press
  • Published on: 2012-05-14
  • Released on: 2012-05-14
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.02" h x .69" w x 5.98" l, 1.13 pounds
  • Binding: Hardcover
  • 248 pages
Features
  • Used Book in Good Condition

Review
"Ball's The Right to be Parents is the first book to examine how . . . LGBT parents have turned to the courts for protection of their relationships with their children . . . a clearly written, sympathetic, scholarly account of these developments. Recommended [for] all readership levels."-CHOICE

"If the adage is true that those who do not learn from history are doomed to repeat it, then Carlos Ball’s book will be a tremendous antidote to a hard and painful history. Uninformed and bigoted assumptions about sexual orientation had devastating consequences for many families. No one who reads this important work will fail to appreciate that the gains we have made in greater protection and security for our families came at a very high price for those parents and children who paved the way."-Kate Kendell, Esq.,Executive Director, National Center for Lesbian Rights

"This book sheds light on the dark underbelly of hidden American history. I imagine that this book would be an amazing read for LGBT families. As a straight American, I learned a lot and have a whole new appreciation for the struggle of gay rights."-Jennifer Melville,City Book Review

"The cases discussed in the book are not only of interest to gay-rights advocates. As Ball says so powerfully, 'Legal disputes involving LGBT parents make obvious the limitations that inhere in using criteria such as biology, marital status, sexual orientation and gender inequality as indicators of competent parenthood.' Each case presented is a vivid example of what happens when traditional legal rules are applied to technological and social realities that would have been unimaginable just a short time ago. As such, the personal stories and the resulting legal doctrines in the realm of same-sex parenthood are important to everyone who thinks about—or cares about—the legal treatment of the children in our increasingly diverse communities."-Frederick Hertz,California Lawyer

"Ball skillfully brings together the stories of gay and lesbian families spanning the country and the decades. The Right to Be Parents is a poignant look at the way the law has and continues to devalue and destroy the relationships between LGBT parents and their children."-Harvard Journal of Law and Gender

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Kamis, 15 Mei 2014

? Ebook Download Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth, by Steven Lubet

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Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth, by Steven Lubet



Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth, by Steven Lubet

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Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth, by Steven Lubet

Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives.

Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints?

But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context.

As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying.

On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice.

To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice."

  • Sales Rank: #2246939 in Books
  • Brand: Brand: NYU Press
  • Published on: 2002-09-01
  • Released on: 2002-09-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.00" h x .58" w x 6.00" l, .72 pounds
  • Binding: Paperback
  • 219 pages
Features
  • Used Book in Good Condition

Review

"Steven Lubet—lawyer, teacher, and raconteur—has written a great book. He makes us think about how we can use trials to advance justice—the most important of human pursuits."

-Michael E. Tigar,Professor of Law and Edwin A. Mooers, Sr. Scholar in Law, American University, Washington College of Law

"Lubet has managed to spin an engaging tale that includes a Pope, gunslingers, and lawyers. Most of the time, the lawyers are actually the good guys. This book will serve those who already practice the law, plan to do so, watch Court TV, or like a story well told."

-Christopher Harper,Roy H. Park Distinguished Chair, School of Communications, Ithaca College

"A delightful and insightful book [that] entertains as it instructs."

-ABA Journal

"This excellent set of essays, both scholarly and imaginative, offers a rare bridge between the parallel universes of legal scholarship and courtroom practice. There is no better guide to the enterprise of storytelling in the law than Steve Lubet."

-Marianne Wesson,Professor of Law, University of Chicago

"Lubet's ability to downplay advocacy techniques while emphasizing the rich context of facts, story, and personalities is superb."

-Choice

About the Author

Steven Lubet is the Williams Memorial Professor of Law at Northwestern University in Chicago, Illinois. He is the author of a dozen books, including Nothing but the Truth: Why Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth (NYU Press) and over 100 articles. He also writes an award-winning column for the American Lawyer magazine. His commentaries have been head on National Public Radios Morning Edition, and his op-ed columns have appeared in the New York Times, the Chicago Tribune, and other major national newspapers.

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6 of 8 people found the following review helpful.
Truth Believer
By J. Bendat
I work in a large law office. All of my colleagues know that many of our most effective trial lawyers are the ones who tell the best stories. As Steven Lubet points out in his cleverly written book, this does not refer to creating a story out of thin air. Rather, it deals with presenting a case to a judge or jury in a way that best represents the client's true position. Through both fictional and real-life examples, the author discusses the inherent difficulties and potential problems a lawyer may have in presenting every single aspect of a client's background. After all, it's not the job of one side's lawyer to do the opposing lawyer's work. But when an attorney presents a truthful account of the client's position in a manner that the court or jury can clearly understand, the likelihood that a particular case may wind up with a just result increases. Lubet's examples include John Brown at Harper's Ferry, Wyatt Earp at the O.K. Corral and Atticus Finch in "To Kill a Mockingbird," -- great stories in themselves, memorable and instructive to lawyer and non-lawyer alike.

10 of 14 people found the following review helpful.
Truth and Lawyers
By George F Galland
Steven Lubet's new book presents seven entertaining and thought-provoking essays on how lawyers tell their clients' stories in trials. The book is bound to appeal to lawyers, but it deserves to be a hit among the general public too. It is admirably written -- concise, clear, fair-minded, free of legal jargon, and often funny.
Lubet starts with "Bif and Me," inspired by an airport incident. A man angrily told Lubet that he had sat down in a seat the man was reserving for his father. Lubet prepared to move, but as the man continued his aggressive behavior, Lubet made the mistake of saying, "Hold on a minute, mister." The man said, "Don't piss me off" and shook his fist at him, whereupon Lubet skedaddled. Lubet imagines what would have happened if he had consulted a lawyer about suing "Biff" for assault, the legal term for a threat that puts someone in reasonable apprehension of imminent bodily harm. Lubet explains how his own lawyer would have framed the story, then shows how Biff's lawyer would have framed a very different story by picking and choosing from the same evidence. The result, says Lubet, would have been two competing stories, both of them legitimately grounded in the true facts of what happened, but emphasizing different subsets of those facts.
The humor of "Biff and Me" abruptly gives way to the tragedy of the Mortaras, a Jewish family living in the Papal States. In 1853, a Christian domestic servant secretly sprinkled water on one-year-old Edgardo Mortara, uttered the phrases of baptism, and thereby under canon law rendered him a Christian. When they discovered this secret baptism, Vatican authorities raided the Mortaras' house, seized Edgardo, and permanently removed him from his parents' custody, since canon law forbade Christians to be raised by Jews. The parents hired lawyers to frame an appeal to the Pope under the canon law. The appeal failed, although the case stirred international outrage against the Church. Lubet adds a new dimension to this familiar story by focusing on how the law limits the freedom lawyers have in framing their clients' stories. While most people today regard the case as one of kidnapping, no lawyer in the Papal States in 1858 could have framed the story that way. The Mortaras'lawyers had to resort to technicalities challenging the validity of the baptism and other similarly hopeless tactics.
"John Brown" raises troubling questions of whether lawyers may condone lying by their client in the name of an ultimately just cause. John Brown was tried by Virginia for sedition after his failed raid on Harpers Ferry. As in the Mortara case, the outcome was a foregone conclusion. Knowing this, Brown and his lawyers used the trial to present a story to the country at large about the heroic battle of a peaceloving man against the evils of slavery. The peaceloving part was false, and his lawyers knew it. They helped Brown suppress the truth about his real plans for the raid and about his callous disregard for human life during the raid and throughout his abolitionist career.
"Wyatt Earp" dissects the hearing held in 1881 to determine whether Earp and his companions would be tried for murder after they shot three rivals in the "Gunfight at the OK Corral." Lubet uses this trial to pursue his ideas on the importance of "case theory" and "story framing" in trials.
Lubet next turns to fiction to explore the ethical limits on lawyers as they frame a story that will enable their clients to win the case. In "Liberty Valance," Lubet reinvents the movie "The Man Who Shot Liberty Valance," imagining what would have happened if a prosecutor had decided to indict the hero, Ransome Stoddard, for murdering Liberty Valance. In "Atticus Finch," Lubet retells the story of "To Kill a Mockingbird" by assuming that the accused black man, Tom Robinson, really did rape Mayella Ewell, his white accuser. If so, was Atticus Finch's bare-knuckles attack on Mayella at the trial within the bounds of proper legal advocacy?
Lubet believes that the adversary trial, and the role lawyers play in it, deserve our respect, and that the framing by lawyers of competing stories in such trials is not only inevitable, but a good thing. Not everyone agrees. In a 1999 book, the journalist Janet Malcolm analyzed the case of Sheila McGough, who was convicted of helping her client defraud a number of companies. Malcolm believes that McGough was innocent. She argues that a miscarriage of justice resulted from McGough's stubborn refusal to play the duelling-stories game that characterizes trials. Lubet disagrees. In "Sheila McGough," he asserts that McGough's downfall resulted not from her respect for the truth but from misguided decisions that prevented the jury from hearing the evidence it needed to sort out the truth. Lubet demurs on whether he believes McGough was guilty, but he clearly believes that if she was innocent, her best chance would have been to let her lawyers do what good trial lawyers do: frame a convincing story through a selective but entirely ethical arranging and presentation of the evidence.
This sketch cannot do justice to the worth of Lubet's book. Trials are important. We resolve great issues and small through them. Yet the adversary trial is an ancient, clumsy, expensive, histrionic device for determining the truth. It relies heavily on lawyers paid to tell stories that favor their client, whatever the real truth may be. As a trial lawyer, I often feel uneasy about whether my trials have arrived at the truth. Many people confidently assert that there must be a better way. Maybe there is. But after reading Lubet's book, I doubt it.

3 of 6 people found the following review helpful.
Entertaining But Not Very Deep
By A Customer
Steven Lubet seeks to defend the art of "storytelling" at trial against the charge that it inevitably leads lawyers to spin creative fictions designed to obscure the truth and hoodwink gullible juries into favoring their clients. At least, that's what Lubet says he's doing (p. 2), and indeed, the first chapter does illustrate how lawyers can legitimately and honestly help their clients frame stories and select facts so that their testimony falls within the appropriate legal framework. The really interesting point in this first story (which Lubet does not dwell on) is that both sides can essentially agree on all of the "hard" facts, but have completely different stories about what those facts mean. This, to me, could be the springboard to a really fascinating discussion about what it means to tell the truth, but Lubet quickly passes on to his next story.
What this book really amounts to is a retelling of a number of interesting trials or other legal proceedings (the Mortara case, the real trials of John Brown, Wyatt Earp and Sheila McGough, the literary trial of Tom in "To Kill a Mockingbird," and Lubet's imagined trial of the man who shot Liberty Valance). The stories themselves are entertaining; Lubet does a particularly good job of placing the Brown and Earp trials in their historical context. His observations about strategy and storytelling in the Earp trial, and his defense of Atticus Finch's obligation to defend Tom even if Tom was guilty are pointed and entirely successful. On the other hand, in a book about telling the truth, Lubet completely fails to notice (much less to discuss) the larger implications for "the truth" of some of the other values that we have built into our criminal trials -- the presumption of innocence, the privilege against self-incrimination and the prosecution's burden of proof beyond a reasonable doubt.
"Nothing But The Truth" is a fast and entertaining read for lawyers and non-lawyers, and will give non-lawyers some insight into how trial lawyers put their cases together. Trial lawyers can read it for the war stories, but won't get much more out of it.

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