Law Legal Culture And Politics In The Twenty First Century

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Law, Legal Culture and Politics in the Twenty First Century

Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515083171
Total Pages : 538 pages
Book Rating : 4.0/5 (831 download)

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Book Synopsis Law, Legal Culture and Politics in the Twenty First Century by : Günther Doeker-Mach

Download or read book Law, Legal Culture and Politics in the Twenty First Century written by Günther Doeker-Mach and published by Franz Steiner Verlag. This book was released on 2004 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

The End of Law

Author : William E. Scheuerman
Publisher : Rowman & Littlefield
ISBN 13 : 1786611562
Total Pages : 358 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis The End of Law by : William E. Scheuerman

Download or read book The End of Law written by William E. Scheuerman and published by Rowman & Littlefield. This book was released on 2019-10-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.

Civil Rights and Liberties in the 21st Century

Author : John C. Domino
Publisher :
ISBN 13 : 9781138653757
Total Pages : 374 pages
Book Rating : 4.6/5 (537 download)

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Book Synopsis Civil Rights and Liberties in the 21st Century by : John C. Domino

Download or read book Civil Rights and Liberties in the 21st Century written by John C. Domino and published by . This book was released on 2018 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions

American Legal History

Author : Kermit L. Hall
Publisher : Oxford University Press, USA
ISBN 13 : 9780195395426
Total Pages : 0 pages
Book Rating : 4.3/5 (954 download)

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Book Synopsis American Legal History by : Kermit L. Hall

Download or read book American Legal History written by Kermit L. Hall and published by Oxford University Press, USA. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change,American Legal History: Cases and Materials, Fourth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development ofAmerican society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of thehistory of law in America.New to this Edition* New cases on hot-button issues including guns, education, terrorism, and same sex marriage and unions* Updated material on the War on Terror and the Supreme Court response to military trials* New material on the emerging laws surrounding transgendered people* Additional material on eminent domain and the Supreme Court's controversial decision in Kelo v. City of New LondonSetting the legal challenges of the twenty-first century in a broad context, American Legal History, Fourth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

The Formation and Transmission of Western Legal Culture

Author : Serge Dauchy
Publisher : Springer
ISBN 13 : 3319455672
Total Pages : 571 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Formation and Transmission of Western Legal Culture by : Serge Dauchy

Download or read book The Formation and Transmission of Western Legal Culture written by Serge Dauchy and published by Springer. This book was released on 2016-12-01 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

No Litmus Test

Author : Michael C. Dorf
Publisher : Rowman & Littlefield
ISBN 13 : 9780742550308
Total Pages : 326 pages
Book Rating : 4.5/5 (53 download)

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Book Synopsis No Litmus Test by : Michael C. Dorf

Download or read book No Litmus Test written by Michael C. Dorf and published by Rowman & Littlefield. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts and, indeed, the law itself are under assault from both right and left. By analyzing the most pressing controversies of our day, No Litmus Test defends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones.

The History of Indiana Law

Author : David J. Bodenhamer
Publisher : Ohio University Press
ISBN 13 : 0821416375
Total Pages : 404 pages
Book Rating : 4.8/5 (214 download)

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Book Synopsis The History of Indiana Law by : David J. Bodenhamer

Download or read book The History of Indiana Law written by David J. Bodenhamer and published by Ohio University Press. This book was released on 2006 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation. The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society. The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.

History of Law and Other Humanities.Views of the legal world across the time

Author : Valerio Massimo Minale
Publisher : Dykinson S.L.
ISBN 13 : 8413243084
Total Pages : 596 pages
Book Rating : 4.4/5 (132 download)

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Book Synopsis History of Law and Other Humanities.Views of the legal world across the time by : Valerio Massimo Minale

Download or read book History of Law and Other Humanities.Views of the legal world across the time written by Valerio Massimo Minale and published by Dykinson S.L.. This book was released on 2019-07-09 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors

Comparative Law in the 21st Century

Author : Andrew Harding
Publisher : Springer
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Comparative Law in the 21st Century by : Andrew Harding

Download or read book Comparative Law in the 21st Century written by Andrew Harding and published by Springer. This book was released on 2002-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Comparative Law in the 21st Century confronts all these looming issues from a vantage point that reveals the broad contours of law as practised and studied today and tomorrow, highlighting fast-moving trends that were unsuspected as little as two decades ago. It is a volume of great significance and value for all thinking lawyers, both practising and academic."--BOOK JACKET.

American Legal History

Author : Kermit L. Hall
Publisher : Oxford University Press, USA
ISBN 13 : 9780195162257
Total Pages : 0 pages
Book Rating : 4.1/5 (622 download)

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Book Synopsis American Legal History by : Kermit L. Hall

Download or read book American Legal History written by Kermit L. Hall and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and expanded in this third edition, American Legal History now features a new coauthor, James Ely, who is a specialist in the history of property rights. This highly acclaimed text provides a comprehensive selection of the most important documents in the field, which integrates the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, it shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy, and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. American Legal History, Third Edition, offers fresh material throughout and increased coverage of cases on such topics as slave law, politics, and terrorism. The authors have incorporated more cases dealing with minority rights, including Native American and Asian American rights, women's rights, and gender and gay rights. Two new chapters have been added to this edition: one on law and economics in modern America, including a discussion of the new federalism, and the other on law, politics, and terrorism, including a full discussion of the USA PATRIOT Act. The "since 1945" portion includes up-to-date material and current cases. The section on English background and colonial America has been expanded. In addition, there is new material on the most recent developments in American constitutional and legal history. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Third Edition, is an essential text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

Separate but Faithful

Author : Amanda Hollis-Brusky
Publisher : Oxford University Press
ISBN 13 : 0190637285
Total Pages : 240 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Separate but Faithful by : Amanda Hollis-Brusky

Download or read book Separate but Faithful written by Amanda Hollis-Brusky and published by Oxford University Press. This book was released on 2020-10-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.

Law and Institutions of Modern China: Chinese law and institutions in the twenty-first century

Author : Sanzhu Zhu
Publisher :
ISBN 13 : 9780415566902
Total Pages : 408 pages
Book Rating : 4.5/5 (669 download)

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Book Synopsis Law and Institutions of Modern China: Chinese law and institutions in the twenty-first century by : Sanzhu Zhu

Download or read book Law and Institutions of Modern China: Chinese law and institutions in the twenty-first century written by Sanzhu Zhu and published by . This book was released on 2011 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Hollow Hope

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Hollow Hope by : Gerald N. Rosenberg

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Rights in Context

Author : Reza Banakar
Publisher : Ashgate Publishing Company
ISBN 13 : 9781409407409
Total Pages : 354 pages
Book Rating : 4.4/5 (74 download)

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Book Synopsis Rights in Context by : Reza Banakar

Download or read book Rights in Context written by Reza Banakar and published by Ashgate Publishing Company. This book was released on 2010 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. They explore how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the rights established by those who wish to recast the social and political order.

Cultures of Legality

Author : Javier Couso
Publisher : Cambridge University Press
ISBN 13 : 0521767237
Total Pages : 305 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Cultures of Legality by : Javier Couso

Download or read book Cultures of Legality written by Javier Couso and published by Cambridge University Press. This book was released on 2010-04-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

Human Rights for the 21st Century

Author : Helen M. Stacy
Publisher : Stanford University Press
ISBN 13 : 0804771022
Total Pages : 280 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Human Rights for the 21st Century by : Helen M. Stacy

Download or read book Human Rights for the 21st Century written by Helen M. Stacy and published by Stanford University Press. This book was released on 2009-02-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.

White by Law

Author : Ian Haney Lopez
Publisher : NYU Press
ISBN 13 : 0814736947
Total Pages : 263 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis White by Law by : Ian Haney Lopez

Download or read book White by Law written by Ian Haney Lopez and published by NYU Press. This book was released on 2006-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whiteness pays. As White by Law shows, immigrants recognized the value of whiteness and sometimes petitioned the courts to be recognized as white. Haney Lspez argues for the centrality of law in constructing race."--Voice Literary Supplement"White by Law's thoughtful analysis of the prerequisite cases offers support for the fundamental critical race theory tenet that race is a social construct reinforced by law. Haney Lspez has blazed a trail for those exploring the legal and social constructions of race in the United States."--Berkeley Women's Law JournalLily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.White by Law traces the reasoning employed by the courts intheir efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a