WOMEN AND THE LAW

present ten reflecting the debate within the left and social movements regarding the extent to which law can assist in the empowerment of the disempowered. Contributors discuss whether social rights provide a recipe for freezing or rolling back current social obligations, or whether they constitute an essential guarantee of the highest social aspirations. Essays address the philosophy of rights, the political economy in which rights must operate, welfare policy questions, and issues of activism and strategy. Middleton an annotated collection of documents related to black laws in the five states of the Old Northwest Territory-Ohio, and Wisconsin. Although the Ordinance of 1787 prohibited slavery in the Northwest Territory, this did not preclude the states from enacting “black laws” legalizing oppression through statutes mirroring those of slave states. He shows how the black laws denied African Americans suffrage, public education, benefits of welfare, and freedom to marry a white and imposed restrictions on militia service, immigration, and employment. raised by surrogate parenthood, interest applicability This book traces the history of the abortion debate in and how it changed the Canadian legal and political systems. It chronicles three decades of battles waged inside and outside the courtroom by and Canada’s most well-known pro-choice and pro-life advocates, in which both men broke the law, went to jail, and appealed to the Supreme Court. shows how these confrontations touched on many of the tensions of democracy, including tensions between majority rule and minority rights, legislators and judges, judges and juries, the role of law and civil disobedience, conscience and community, public and private, and law and morality. Drawing on Foucault’s theoretical work on punishment and control, Dutton traces the transition in regimes of regulation and punishment in China from the late impe-rial era to the present. He analyzes household registration systems, mechanisms of surveillance within collectives, emergence and failure of penal systems, and reform through labor programs. He concludes that, contrary to Chinese Marxist accounts, feudal remnants play an important part in the social regulation of contemporary China. This monograph reports the findings of a study of 218 child sexual assault victims, which compared victims who testified in court with a matched control group. It shows that seven months after testifying, victims who testified displayed greater be-havioral disturbance than those who did not testify, especially if those who testified took the stand multiple times, were deprived of maternal support, and lacked cor-roboration of their claims. Goodman et al discuss children’s ability to cope with stressful situations, the interaction of the legal system with the child/family system, and debates about the need to protect child victims who testify in criminal court. on her study of several hundred child sexual abuse cases by the criminal courts in eight jurisdictions. She discusses the differences in the treatment of defendants and victims by race, age, and gender; differences in the types of cases that are tried, plea bargained, or diverted to counseling; and the effects of expert medical testimony and videotaped testimony. She finds, contrary to public belief, that ex-perts are not overly partisan toward the child, nor is partisanship, to the extent that it exists, linked to any particular expert models or professional training. ronments that have increased the profitability and destructive impact of systematic illegal activity. Topics include organized crime in North America, U.S. foreign policy and drug control, U.S. influence on British drug control, international linkages between organized crime and legitimate businesses in toxic waste disposal, the extent and control of EEC fraud, and attempts to control corporate crime. Traver and Gaylord present nine essays premised on the notion that drug control policies are best explained by theories that emphasize the role of a society’s ideology, legitimacy, and history. Topics include the legacy of America’s prohibition of alcohol, international drug trafficking and money laundering, the relationship between organized crime and the drug trade, the “war on drugs” and moral imperialism, the subservience of drug control policy to foreign policy, and the likelihood of more rational approaches to the formulation of drug policy. distinction for understanding the organization of life and that legal discourse and institutions are key locations for mediating this distinction. He illustrates its importance in such areas as labor law, antitrust law, securities regulation, and law governing abortion and fetal medicine. He concludes that the private is constituted through self-reflection in protected spaces and the public is constituted in open arenas of association based on principles of equality. This reference presents an overview of the FBI’s recordkeeping organization and procedures, a profile of each of its classifications, and a listing of records released under the Freedom of Information Act. It contains information about specific types of records, including their current location, procedures for gaining access, and legal status regarding disposition. Haines and Langbart argue that FBI records could be useful to scholars studying a wide range of subjects such as civil rights, white collar crime, U.S. intelligence activities, operation and structure of bureaucracy, and coop eration between federal, state, and local law enforcement agencies.

Integrating historical, social, and legal perspectives, Monsma examines current controversies over public policies. He advocates a government approach of "positive neutrality," which requires some positive government steps to achieve neutrality by not favoring any religion or religious group over another. Under this approach, government policies would make allowance for the religious beliefs of those affected by the policies as long as the policies accommodate the full range of religious beliefs and similar secular beliefs in the community.
Spann, Girardeau A. Race against the Court: The Supreme Court and Minorities in Contemporary America. New York: New York University Press, 1993. Pp. vii+266. $40.00. This book argues that rather than protecting minorities' rights, the Supreme Court has actually perpetuated the subordination of racial minorities by operating as an agent of majoritarian preferences in the political process. Spann contends that equal opportunity and affirmative action laws have lulled minoritires into believing that efforts at political self-determination are futile and thus stymie their efforts for meaningful political and economic gain. He proposes a strategy for racial minorities to advance their interests in the pluralist political process and extricate themselves from the Court's "protection." Swindle, Howard. This book tells the story of Loyal Garner, Jr., a black man who was arrested and beaten to death in police custody in Texas in 1987. Although witnesses testified that Garner was murdered, police were first acquitted by a local jury but later convicted in another county. Swindle argues that the Garner case is part of a larger pattern of racial injustice and efforts to protect local police from outside scrutiny. This is a collection of 25 previously published writings addressing discrimination, battery, harassment, rape, patriarchy in judicial reasoning, restriction of reproductive autonomy, commodification and dehumanization of women, and feminism and legal theory. Smith argues that feminist jurisprudence represents the first steps of conceptual change necessary to a cultural revolution that will bring an end to patriarchy. She presents the essays in this volume to demonstrate the pervasiveness of patriarchal influence and implications of its decline. of marihuana and explaining why it has been made illegal. They argue that marihuana is a safe substance and that criminalizing its use is costly, ineffective, and unfair. They conclude that legalizing it for medical purposes alone would be unworkable and that it should be given the same status as alcohol so that, with certain limitations, it would be legal for use by adults for any purpose. Traver and Gaylord present nine essays premised on the notion that drug control policies are best explained by theories that emphasize the role of a society's ideology, legitimacy, and history. Topics include the legacy of America's prohibition of alcohol, international drug trafficking and money laundering, the relationship between organized crime and the drug trade, the "war on drugs" and moral imperialism, the subservience of drug control policy to foreign policy, and the likelihood of more rational approaches to the formulation of drug policy.

CIVIL JUSTICE SYSTEM
Bergstrom, Randolph E. Analyzing the history of the Superfund program generally and its cleanup efforts at six sites, Church and Nakamura find that bureaucratic rigidity and distorted incentives combined to hinder cleanup activities, resulting in lengthy delays and high costs. They argue that the use of joint and several liability doctrine creates incentives for government officials to take highly adversarial negotiating positions and to set goals that unnecessarily add to societal costs. They recommend an approach in which the government matches its strategy to clearly specified objectives and the configuration of parties and problems at each site.
Fishman, James J. Fishman examines the structure of the United Kingdom's financial services market and the history, politics, and implementation of reforms to reregulate the market in 1986 following a period of deregulation. He argues that the Thatcher government's reforms, which consisted of self-regulation within a statutory framework, were intended to promote efficiency but that the resulting regulatory system was complicated, expensive, and ineffective due to misjudgments in implementation and changes in the economic environment.
Cranor, Carl F. Regulating Toxic Substances. New York: Oxford University Press, 1993. Pp. xix+252. $45.00. Drawing on literatures on ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment, Cranor weighs competing arguments about the evidentiary standards for science used in the law to control toxic substances. He argues that although the use of somewhat less stringent standards for expert testimony in tort cases and the use of expedited procedures in regulation might lead to some mistakes of overcompensation or overregulation, the overall social costs would be less than the alternatives. He concludes that the law should require less than the most science-intensive evaluation of each substance in order to protect against undercompensation and underregulation. Pollot argues that contrary .to the intent of the Framers of the Constitution, the rights of property owners have been gradually eroded in the 20th century due to "regulatory confiscation" by government. He examines the concerns that lead to creation of the "takings" clause of the Fifth Amendment and chronicles the erosion in this protection until a recent but hesitant shift to restore a wider applicability of the Fifth Amendment. He contends that declining protection would have disastrous consequences both for property owners and non-owners and he proposes a strategy to remedy this situation. Drawing on statute-based socialist legal systems, especially the Polish legal system before 1989, Wr6blewski analyzes the idea of judicial "application" of law. Constructing models of judicial decision making including elements of interpretation, fact finding, and ideologies of the application of law, he examines legality as a value to which systems of government aspire. He argues that the ideology of legal and rational judicial decision making rejects the notion that judges are bound by the law and permits some limited freedom in decision making. Shiner critiques legal positivism and argues that, even accepting claims made by positivists, antipositivism (or natural law) is more defensible as an account of the nature of law. He examines the conflict between the two approaches by analyzing debates regarding law as a reason for action, the relation between law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. Analyzing the work of Marx, Durkheim, Weber, and Parsons, Turkel argues that the public/private distinction is fundamental for understanding the organization of social life and that legal discourse and institutions are key locations for mediating this distinction. He illustrates its importance in such areas as labor law, antitrust law, securities regulation, and law governing abortion and fetal medicine. He concludes that the private is constituted through self-reflection in protected spaces and the Rejecting the premise that constitutional thought has been shaped by political and social events, Kahn argues that the history of constitutionalism in the United States has been driven by logic rather than experience. He divides constitutional history into stages: constitutional construction; originalism; the idea of an evolving constitution; and the contemporary phase of the turn to community. He contends that the tension between self-government and restrictions of a 20ayear-old constitution inevitably leads to a split between the theory and practice of constitutional law. Gaskins argues that public and professional discourse has come to rely heavily on "arguments-from-ignorance" (i.e., based on burdens of proof) in which one may claim to win an argument unless an opponent can prove an argument to the contrary. He describes how these arguments are used in a wide range of modern discourse including constitutional law, scientific inquiry, moral philosophy, organizational behavior, and personal interaction. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, he contends that a more pluralistic temper can move critical thinking beyond polemics and strengthen capacities for common discourse. Fox, an anthropologist, describes four cases involving reproduction and succession to search for persistent patterns in a "war between kinship and the state." The cases include a Mormon's claim to the right to practice polygamy, the "Baby M" case involving a surrogate mother's right to change her mind and keep her baby, Antigone's insistence on her brother's burial, and the ubiquitousness of the privileged relationship between a man and his maternal uncle. He argues that a shift from kinship law to state law underlies all of these phenomena. Based on observations at two neonatal intensive care units and interviews with doctors, nurses, and parents, Anspach describes medical, moral, and legal decisions about whether to provide medical care to critically ill newborns when withholding care would result in their deaths. She examines the decision-making process in which mental health professionals often seek parents' agreement to decisions that the professionals have already made. She finds that socioeconomic factors such as parents' educational background and ethnicity affect their decision-making power.

INTERNATIONAL LAW
Mohr, James C. Doctors and the Law: Medical lunspndence in Nineteenth Century America. New York: Oxford University Press, 1993. Pp. xv+319. $30.00.
Mohr argues that the current adversarial relationship between the medical and legal professions is the product of a 19th-century movement away from a civic republican vision in which doctors, lawyers, and the state would cooperate for the public benefit. Using a series of highly publicized trials, he illustrates how the relationships between the professions deteriorated. He describes how the subject of insanity became "a legal nightmare," expert medical witnesses became costly and often counterproductive, and the number of medical malpractice suits increased. Drawing on records of court cases, Stone describes how couples maneuvered around English law prior to the enactment of the Marriage Act of 1753. He provides accounts of "unwise courtship", prenuptial pregnancies, forced marriages, clandestine marriages, and bigamy to illustrate how people adjusted their sexual conduct, moral attitudes, and matrimonial plans to suit an ambiguous legal situation. He argues that during the 17th and 18th centuries, demands by individuals for love and affection began to take precedence over family interests and parental dictation.