20 | 21 Y l r Summer 2006

Books in Print by Alumni, Faculty, Staff, and Students

Bruce Ackerman Yochai Benkler Before the Next Attack: The Wealth of Networks: Preserving Civil Liberties in an Age of Terrorism How Social Production Transforms Markets and Freedom Press, 2006 Yale University Press, 2006 In this timely book, of Law and Political Professor of Law Yochai Benkler examines how the Internet Science Bruce Ackerman ’67 takes a critical look at court has changed the way information is created and exchanged, opinions and legislation passed in response to 9/11 and and how the networked world impacts social interaction, other acts of terrorism. Ackerman warns against a world the economy, and democracy. where future terrorist attacks will breed increasingly “It seems passé today to speak of ‘the Internet revolu- repressive legislation. “Even if the next half-century sees tion,’” Benkler writes in the book’s opening chapter. “In only three or four attacks on a scale that dwarf September some academic circles, it is positively naïve. But it should 11, the pathological political cycle will prove devastating to not be. The change brought about by the networked infor- civil liberties by 2050,” Ackerman writes. “Above all else,” mation environment is deep. It is structural. It goes to the he continues, “we must prevent politicians from exploiting very foundations of how liberal markets and liberal democ- momentary panic to impose long-lasting limitations on racies have coevolved for almost two centuries.” liberty.” Benkler suggests that with the growth of this “net- Before the Next Attack goes on to imagine an alternative worked information economy,” individuals are empowered Dan Kahan, Deputy Dean and Elizabeth K. Dollard Professor of Law legal and political framework that would allow a response with new avenues to autonomous creativity and greater to terrorism without threatening fundamental liberties. In resources to participate as global citizens. The Wealth of “...being an effective advocate requires an ability to arouse those they are trying to persuade. Only those who understand anticipation of future acts of terrorism, Ackerman argues Networks, as its title suggests, is a defense of the Internet’s the situation sense of other lawyers, including judges. Those the role of situation sense, who are acquainted with the for the creation of an “emergency constitution”—a model ability to make positive contributions, even strides toward who believe that making convincing arguments consists in norms that construct it, are poised to explain, to predict, and that would create new checks and balances and would allow greater freedom and justice. Taking a note from his own knowing formal rules are professionally autistic. They can’t through strategic framing and advocacy, to influence legal for a decisive yet controlled response to a terrorist attack. book, Benkler has created a Wealth of Networks Wiki (www. make arguments that engage the emotional motivations of decision makers.” benkler.org/wealth_of_networks) where you can download chap- ters and collaborate in a continuing discussion about the book’s principles. ˘ Books in Print

William N. Eskridge, Jr. and Darren R. Spedale Kenji Yoshino Gay Marriage: For Better or For Worse? Covering: The Hidden Assault on Our Civil Rights , 2006 Random House, 2006 Co-authors William Eskridge, Jr. ’78, John A. Garver Part memoir, part legal manifesto, Covering tackles an issue Professor of Jurisprudence, and Darren Spedale add a new often overlooked in the discussion of civil rights: the social dimension to the discussion of gay marriage rights by offer- expectation of conformity. ing the first empirical evidence of the impact of gay mar- Yoshino ’96 begins his book by asserting that everyone riage. Gay Marriage presents sixteen years of data about gay “covers.” This downplaying of stigmatized cultural, racial, marriage from Scandinavia, where same-sex partnerships religious, and gender differences, Yoshino argues, is a final have been on the books since 1989. Eskridge and Spedale frontier of civil rights. examine the evolution of gay marriage laws in the Nordic “Covering is a hidden assault on our civil rights,” Yoshino countries, and the way that same-sex marriage has affected writes in the book’s preface. “We have not been able to see individual gay couples, their children, and their communi- it as much because it has swaddled itself in the benign lan- ties. guage of assimilation. But if we look closely, we will see that Ultimately, Gay Marriage asserts that the legalization of covering is the way many groups are being held back today.” same-sex marriage in Scandinavia has not undermined Yoshino writes in an intimate voice, weaving his own the institution of marriage. If anything, Eskridge and experiences as a gay Asian American with a call for a re- Spedale believe, gay marriage has strengthened marriage in imagining of civil rights. With a nod to the Romantics, Scandinavia and could do so in the United States as well. Yoshino calls for a civil rights model based not solely on spe- The authors observe that there are now more than half cial protections for stigmatized groups, but on acceptance a million committed lesbian and gay couples in the U.S., of individuality and desire for authenticity. more than a fourth of whom are raising children. “From a profamily point of view,” the authors ask, “what should be society’s or the state’s stance toward those households? Those children?” 22 | 23 Y l r Summer 2006

Mary Dudziak and Leti Volpp, Editors Legal Borderlands: Law and the Construction of American Borders Here’s just a sampling of the many books recently written or edited by our The Johns Hopkins University Press, 2006 alumni, faculty, staff, and students. We welcome your submissions. If possible, This collection by Dudziak ’84 and Volpp please send us two review copies of your book: one for the Lillian Goldman focuses broadly on the role of law in the Law Library and one for the Alumni Reading Room. construction of U.S. borders and takes up an important question raised by the global turn in American studies scholarship: once Gustavo Binenbojm Susan D. Carle, Editor territory becomes less critical to scholar- Agencias Reguladoras e Democracia Lawyers’ Ethics and the Pursuit of Social ship in the discipline, what constitutes the (Regulatory Agencies and Democracy) Justice: A Critical Reader frame of American studies? Editora Lumen Juris, 2006 Press, 2005 This series of papers edited by Binenbojm This reader, edited by Carle ’88, with James G. Dwyer ’03 llm analyzes the regulatory agencies a foreword by Robert W. Gordon, recently instituted in Brazil, in connec- Chancellor Kent Professor of Law and The Relationship Rights tion with privatization reforms. Based on Legal History, broadens the discussion of Children the American model, these agencies have on legal ethics by first introducing the Cambridge University institutional features that guarantee their historical and theoretical background Press, 2006 independence, and, like their American and then connecting it to real-world This book presents the counterparts, their existence raises a series issues while addressing lawyers’ ethical first sustained theo- of legal and political issues. Among the obligations to work for social justice. retical analysis of what contributors are three other YLS alumni: rights children should Caio Mario da Silva Pereira Neto ’02 llm Oscar G. Chase possess in connection with state deci- and ’05 jsd, Luis Roberto Barroso ’89 sion-making about their personal relation- Law, Culture, and Ritual: Disputing llm, and Mariana Mota Prado ’02 llm and ships. Dwyer ’87 examines the nature and Systems in Cross-Cultural Context ’06 jsd. normative foundation of adults’ rights New York University Press, 2005 in connection with relationships among Chase ’63 uses interdisciplinary scholar- themselves, and then assesses the extent ship to examine the cultural contexts of to which the moral principles underlying legal institutions, and presents several Akhil Amar’s Book adults’ rights also apply to children. case studies to demonstrate that the pro- Receives ABA Award cesses used for resolving disputes have a America’s Constitution: A Biography cultural origin and impact. Stuart P. Green by Southmayd Professor of Law Lying, Cheating, and Akhil Amar ’84 recently received the Stealing: A Moral American Bar Association’s Silver Lawrence Douglas Theory of White Collar Gavel Award. Given annually since The Catastrophist 1958, the award recognizes works Other Press, 2006 Crime that help foster public understand- This first novel by Douglas ’89 tells the Oxford University Press, ing of the law and legal system. tale of one ordinary man’s hilarious 2006 America’s Constitution (Random kamikaze mission toward self-sabo- This book by Green House, 2005) is a “biography” of tage. With sophisticated and irreverent ’88 uses the tools America’s framing document— wit, Douglas pokes holes of black humor of moral and legal theory as a means explaining what the Constitution through all the things people are sup- to examine a range of specific white- says, and why it says it. posed to take seriously: academia, art, collar offenses, aiming to develop and Amar and former Yale Law School infidelity, sexual harassment, and even apply a methodology that will allow for Dean ’58 are among atrocity. meaningful distinctions between genuine a handful of people who have white-collar criminality and merely received the award more than once. aggressive business behavior. The book includes timely profiles of high-profile cases such as Andrew Fastow, Martha Stewart, Jeffrey Archer, Tom DeLay, and Bill Clinton. ˘ Books in Print

Otto J. Hetzel and Matthew Pearl Ernest B. Abbott, Editors The Poe Shadow A Legal Guide to Random House, 2006 Homeland Security and Following on the success of Emergency Management Catherine A. MacKinnon The New York Times bestseller The Dante Club, Pearl ’00 again for State and Local Are Women Human? blends mystery with historical Governments And Other International fiction. Set in 1849 Baltimore ABA Press, 2005 Dialogues and Paris, Pearl’s latest book tells As co-editor of this book, Hetzel ’60 pro- Belknap Press, 2006 the story of a young lawyer out to investi- vides a number of windows into homeland MacKinnon ’77 takes on the transnational gate the mysterious death of his favorite security and emergency management status and treatment of women world- author, Edgar Allan Poe. law—covering both the basic structure wide. She explores international of the homeland security and emergency sex trafficking, including the role Jeffrey Rosen management system and presenting of sexuality in genocide, the use of detailed analyses of specific areas. This rape and sexual torture for nation The Most Democratic Branch: book gives counsel and administrators building, and the violence against How the Courts Serve America valuable insight into how to best meet women that goes on daily all Oxford University Press, 2006 their responsibilities in this critical area. around the world. Rosen ’91 argues that the Supreme Court has been nei- ther guardian of American Samuel P. King and Randall W. Roth Michael Meltsner values nor a “principled” check Broken Trust: Greed, Mismanagement The Making of a Civil Rights on the masses. Rather, Rosen & Political Manipulation at America’s Lawyer shows, the federal courts by and large have Largest Charitable Trust University of Virginia Press, 2006 reflected the opinions of the mainstream. University of Hawaii Press, 2006 Focused on the inside story of law He calls for bipartisan judicial restraint as In 1997, King ’40 and Roth were among a reform, Meltsner ’60 draws portraits of a way out of our current judicial impasses. small group who publicly charged Bishop some larger-than-life figures, including Estate trustees with gross incompetence Thurgood Marshall, William Kunstler, and Jeffrey I. Roth and massive trust abuse. Their book the charismatic law professor Derrick Bell. recounts the story of rigged appointments, He provides a critical analysis of early civil Inheriting the Crown in Jewish Law: violated trusts, cynical manipulation of rights efforts to achieve social change The Struggle for Rabbinic the trust’s beneficiaries, and the involve- through litigation while also providing the Compensation, Tenure, and ment of many of Hawaii’s most powerful wider context of the personalities, policies, Inheritance Rights citizens. and tactics that continue to shape reform The University of South Carolina Press, efforts today. 2006 Jonathan Knee In this legal history of the rabbinic profes- The Accidental Investment Banker: William Ian Miller sion from biblical to modern times, Roth Inside the Decade That Eye for an Eye ’74 traces the development of principles Transformed Wall Street Cambridge University Press, 2006 governing compensation and related benefits for rabbis, scholars, teachers, Oxford University Press, 2006 This book by Miller ’80 is a historical and judges under Jewish law. He draws Knee ’88 had a ringside seat at Goldman and philosophical meditation on paying thoughtful parallels between rabbinic Sachs and Morgan Stanley during the back and buying back, that is, on retali- tenure and university academic tenure, go-go, boom-and-bust decade and into ation and redemption. It takes the law noting that both protect the teacher the twenty-first century. In this candid of the talion—eye for an eye, tooth for and scholar from ever-changing political and irreverent insider’s account of an a tooth—seriously. The book finds that winds. industry in free fall, Knee captures an much of what we take to be justice, honor, exhilarating era of fabulous deal-making and respect for persons requires, at its core, in a freewheeling Internet economy—and measuring and measuring up. the catastrophe that followed when the bubble burst. 24 | 25 Y l r Summer 2006

Derek D. Smith Alan Khee-Jin Tan Susan Zimmerman Deterring America: Vessel-Source and Chryse Hutchins Rogue States and the Marine Pollution: 7 Keys to Proliferation of Weapons The Law and Politics Comprehension: of Mass Destruction of International How to Help Your Kids Cambridge University Regulation Read It and Get It! Press, 2006 Cambridge University Three Rivers Press, 2003 Faced with America’s mili- Press, 2006 Zimmerman ’76 and tary superiority, many coun- Analyzing the regulation of vessel-source co-author Hutchins remove the confu- tries turn to weapons of mass destruction pollution from the perspective of the sion over different reading methods for as a means to deter U.S. intervention. political interests of key players in the ship children. The book demystifies reading Smith ’06 points out that September 11 transportation industry, Tan ’95 llm, ’01 and gives parents and teachers practical, awakened America to a degree of vulner- jsd offers a comprehensive and convincing thoughtful advice about the seven simple ability it had never experienced before, account of how pollution of the marine thinking strategies that proficient readers and that the U.S. may need to reevaluate environment by ships may be better regu- use to understand what they read. Œ its foreign policy strategies against WMD lated and reduced. proliferation, giving renewed attention to Also of Note defensive measures, negotiated disarma- William K.S. Wang Friedrich Wenzel Bulst ’03 llm ment, interdiction, and perhaps preemp- and Marc I. Steinberg Schadensersatzanspruche der tion. Insider Trading, Marktgegenseite im Kartellrecht Second Edition (Antitrust Damages Claims Harry I. Subin, Barry Berke, Practicing Law by Purchasers and Suppliers: and Eric Tirschwell Institute, 2006 Passing-on Under German, European, The Practice of Federal Criminal Law: Wang ’71 and and U.S. Law) Prosecution and Defense Steinberg ’77 llm offer a thorough treat- Nomos/C.H. Beck, 2006 Thomson/West, 2006 ment of stock market insider trading Subin ’60 and his co-authors examine the issues, covering the impact of insider trad- Stephen E. Gottlieb ’65, Brian H. Bix, work of prosecutors and defense attorneys ing on society and on investors, basic ele- in applying the constitutional, statutory, ments of insider trading liability, govern- Timothy D. Lytton ’91, and Robin L. West ethical, and other rules that govern the ment enforcement, compliance programs, Jurisprudence Cases and Materials: federal criminal process, from investiga- and other issues. An Introduction to the Philosophy tion to the decision to charge, and through of Law and Its Applications (Second disposition by trial or plea, and sentence. Mark S. Weiner Edition) Americans Without LexisNexis, 2006 Brett S. Messing and Law: The Racial Steven A. Sugarman Boundaries of John H. Langbein The Forewarned Investor: Citizenship (Sterling Professor of Law), Don’t Get Fooled Again NYU Press, 2006 Susan J. Stabile, and Bruce A. Wolk by Corporate Fraud Weiner ’00 argues that Pension and Employee Benefit Law, Career Press, 2006 “juridical racialism,” a Fourth Edition In almost every case of public language that Foundation Press, 2006 major corporate fraud over characterized racial minorities in terms the last century, sharp-eyed of their inherent ability to uphold legal investors could have picked out warning norms, shaped many of the court deci- signs and exited before the crash, say sions that limited the civic participation of authors Messing and Sugarman ‘06. This certain minority groups, and he considers book shows investors how to identify the its impact on political debates and U.S. next Enron or WorldCom ahead of the fall. Supreme Court decisions about the legal status of five minority groups over time.