Books in Print by Yale Law School Alumni, Faculty, Staff, and Students

0 | 1 Y L r Summer 2006 Books in print by Yale Law School 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 Yale University Press, 2006 Yale University Press, 2006 In this timely book, Sterling Professor 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 Oxford University Press, 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?” | 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 New York University 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 Guido Calabresi ’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.

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