Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.

"Few of the countless real-life stories of workplace discrimination suffered by men and women every day are ever told publicly. This book boldly and eloquently rights that wrong, going where no plaintiff testimony could ever dare because these stories are often too raw, honest, ambiguous, and nuanced to be told in court or reported in a newspaper."—from the Foreword Telling Stories Out of Court reaches readers on both an intellectual and an emotional level, helping them to think about, feel, and share the experiences of women who have faced sexism and discrimination at work. It focuses on how the federal courts interpreted Title VII of the Civil Rights Act of 1964. Offering insights that law texts alone cannot, the short stories collected here—all but two written for this volume—help readers concentrate on the emotional content of the experience with less emphasis on the particulars of the law. Grouped into thematic parts titled "In Their Proper Place," "Unfair Treatment," "Sexual Harassment," and "Hidden Obstacles," the narratives are combined with interpretive commentary and legal analysis that anchor the book by revealing the impact this revolutionary law had on women in the workplace. At the same time, the stories succeed on their own terms as compelling works of fiction, from "LaKeesha's Job Interview," in which a woman's ambition to move from welfare to work faces an ironic obstacle, to "Plato, Again," in which a woman undergoing treatment for cancer finds her career crumble under her, to "Vacation Days," which takes the reader inside the daily routine of a nanny who works at the whim of her employer.

"This is much more than a story of a single case. It provides a panoramic overview of the role of work in women's lives, a succinct history of employment discrimination law, and a penetrating analysis of the evolution of our views of sexual harassment in the workplace."--Karen O'Connor, author of Women, Politics, and American Society"After Vinson, nothing was the same. Cochran does a masterful job of setting the case in its historical context and exploring its legal impact."--Judith A. Baer, author of Our Lives before the Law: Constructing a Feminist Jurisprudence "Cochran is an exceptional raconteur and his book is comprehensive, thorough, and wonderfully forward-looking."--Nancy Levit, author of The Gender Line: Men, Women, and the Law.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Up to 1988, the December issue contained a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1997.

Fundamentally, history is the consequence of ideas. Every movement, revolution, war, and era is ultimately defined and motivated by a guiding ideology. In this book, we will examine the ideas that have shaped (or are shaping) government policies toward numerous industries. We will examine mature industries and newer industries. In examining mature industries, we can trace the long-term consequences of government policies. We can see the cause and the effect. We can see which policies resulted in innovation and progress, and which did not. In identifying the results of past policies, we can predict the future consequences of today's policy debates. Virtually everyone claims to support innovation and progress. But claiming such support and advocating policies that make innovation possible are not the same thing. We cannot discern the difference merely on the basis of claims and professed intentions. We must look at the principles-the fundamental ideas-being advocated.