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At Liberty to Die
Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly 80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig's disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness? At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.
eBook
City of debtors : a century of fringe finance
Since the rise of the small-sum lending industry in the 1890s, people on the lowest rungs of the economic ladder in the United States have been asked to pay the greatest price for credit. Again and again, Americans have asked why the most fragile borrowers face the highest costs for access to the smallest loans. To protect low-wage workers in need of credit, reformers have repeatedly turned to law, only to face the vexing question of where to draw the line between necessary protection and overreaching paternalism. City of Debtors shows how each generation of Americans has tackled the problem of fringe finance, using law to redefine the meaning of justice within capitalism for those on the economic margins. Anne Fleming tells the story of the small-sum lending industry's growth and regulation from the ground up, following the people who navigated the market for small loans and those who shaped its development at the state and local level. Fleming's focus on the city and state of New York, which served as incubators for numerous lending reforms that later spread throughout the nation, differentiates her approach from work that has centered on federal regulation. It also reveals the overlooked challenges of governing a modern financial industry within a federalist framework. Fleming's detailed work contributes to the broader and ongoing debate about the meaning of justice within capitalistic societies, by exploring the fault line in the landscape of capitalism where poverty, the welfare state, and consumer credit converge.-- Provided by publisher
Book
Proving Pregnancy
Examining infanticide cases in the United States from the late
eighteenth to the late nineteenth centuries, Proving
Pregnancy documents how women-Black and white, enslaved and
free-gradually lost control over reproduction to male medical and
legal professionals. In the first half of the nineteenth century,
community-based female knowledge played a crucial role in
prosecutions for infanticide: midwives, neighbors, healers, and
relatives were better acquainted with an accused woman's intimate
life, the circumstances of her pregnancy, and possible motives for
infanticide than any man. As the century progressed, women accused
of the crime were increasingly subject to the scrutiny of white
male legal and medical experts educated in institutions that
reinforced prevailing ideas about the inferior mental and physical
capacities of women and Black people. As Reconstruction ended, the
reach of the carceral state expanded, while law and medicine
simultaneously privileged federal and state regulatory power over
that of local institutions. These transformations placed all
women's bodies at the mercy of male doctors, judges, and juries in
ways they had not been before. Reframing knowledge of the body as
property, Felicity M. Turner shows how, at the very moment when the
federal government expanded formal civil and political rights to
formerly enslaved people, the medical profession instituted new
legal regulations across the nation that restricted access to
knowledge of the female body to white men.
eBook
Insurance Law for Common Interest Communities
Insurance Law for Common Interest Communities: Condominiums, Cooperatives and Homeowners Associations is an exhaustive insurance primer for both those who are new to insurance coverage law or seasoned professionals seeking new guidance.It offers comprehensive coverage of insurance-related topics involving common interest communities.
eBook
The digital person : technology and privacy in the information age
Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases—which Daniel J. Solove calls “digital dossiers”—has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.
The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.
The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
eBook
The state and civil society : regulating interest groups, parties, and public benefit organizations in contemporary democracies
\"State regulation of civil society is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state-voluntary relations in various disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere, in which state intervention is generally considered contentious. Drawing on insights from political science, sociology, comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, when simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in-depth the intertwining and overlapping legal environments of political parties, interest groups, and public benefit organizations across 19 long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states' legal disposition towards, or their disinclination against, regulating voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main 'paths' accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems' democratic history, their legal family, and voluntary sector traditions\"-- Provided by publisher.
Book
Corporate crops : biotechnology, agriculture, and the struggle for control
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.
eBook