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  Gendered Peace Through International Law

  Louise Arimatsu and Christine M. Chinkin

  Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book.

  In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way.

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  Syntax of Sports Class 6: Drafting and Editing

  Patrick Barry

  How do you start a piece of writing? How do you edit one? And what can be done to combat those pesky—and paralyzing—feelings of perfectionism that often derail our most important sentences and paragraphs?

  This sixth volume of the Syntax of Sports series creatively uses the language of baseball, football, tennis, and many other sports to explore these questions. Based on a popular course at the University of Michigan, it captures the energy, originality, and discipline - crossing insights that make its author, Professor Patrick Barry, such a sought-after teacher and presenter.

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  Editing and Advocacy

  Patrick Barry

  Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.

  This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. You’ll learn how to edit with empathy. You’ll learn how to edit with statistics. You’ll learn, in short, a wide range of compositional skills you can use to elevate your advocacy and better champion the causes you care about the most.

  An All-American soccer player in college who holds both a PhD in English and a JD, Professor Patrick Barry joined the University of Michigan Law School after clerking for two federal judges and working in legal clinics devoted to combatting human trafficking and reforming the foster care system. He is the author of several books on advocacy—including Good with Words: Writing and Editing, The Syntax of Sports, and Notes on Nuance—and regularly puts on workshops for law firms, state governments, and nonprofit organizations. He also teaches at the University of Chicago Law School and has developed a series of online courses for the educational platform Coursera.

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  Feedback Loops: Feedback Fundamentals

  Patrick Barry

  Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”

  This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

  “One of the most memorable and useful classes I have taken in law school!”

  “Excellent, full stop.”

  “This class was always a fun highlight of my week.”

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  The Syntax of Sports Class 5: Rhetorical Repetition

  Patrick Barry

  Here are some of the words that the people who have attended Patrick Barry's classes and workshops have used to describe his unique, multidisciplinary approach to teaching writing:

  "Fantastic"
  "Phenomenal"
  "Very engaging and informative:
  "Incredibly useful
  "Full of practical lessons for both my career and life generally"

  This fifth book in his Syntax of Sports series gives you a chance to experience his creative (and capacious) mind for yourself. Whether you've already read the previous four books in the series or are trying one out for the very first time, you're in for quite the educational treat.

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  The Syntax of Sports, Class 4: Parallel Structure

  Patrick Barry

  "Once you find the right structure, perhaps it will be easier to find the right content.” That’s one of the key insights from this fourth book in the series The Syntax of Sports. Others include:

  • The importance of being “radically inclusive”
  • The power of defining something by what it is not
  • The creative elegance of the word “as”

  So join Professor Patrick Barry as he continues to share lessons from the popular writing course at the University of Michigan on which The Syntax of Sports is based. You’ll learn about language. You’ll learn about advocacy. And you’ll get to explore some illuminating connections between everything from the speeches of Winston Churchill, to the paintings of Leonardo da Vinci, to—perhaps most surprisingly—the face of NFL legend (and former University of Michigan quarterback) Tom Brady.

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  Good with Words: Speaking and Presenting

  Patrick Barry

  Suppose you were good with words. Suppose when you decided to speak, the message you delivered—and the way you delivered it—successfully connected with your intended audience. What would that mean for your career prospects? What would that mean for your comfort level in social situations? And perhaps most importantly, what would that mean for your satisfaction with the personal relationships you value the most?

  This book is designed to help you find out. Based on an award-winning course and workshop series at the University of Michigan taken by students training to enter a wide range of fields—law, business, medicine, social work, public policy, design, engineering, and many more—it removes the guesswork from figuring out how to communicate clearly and compellingly. All of us have ideas that are worth sharing. Why not learn how to convey yours in a way that people will appreciate, enjoy, and remember?

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  Notes on Nuance: Volume 1

  Patrick Barry

  To succeed in law, business, education, government, health care, and many other fields, it is becoming increasingly important to distinguish yourself as a savvy communicator. Social media has only accelerated the ways in which we all must learn to use our words to connect, compete, and create. There are features of the English language, however, that many of us haven’t taken full advantage of yet. Notes on Nuance is designed to help change that.

  Drawing on a diverse collection of authors—from novelists to physicists, from ancient Greek historians to modern-day CEOs—it reveals the hidden mechanics that skilled writers use to add style and sophistication to their sentences and slogans. It’s the perfect resource for people who are looking to do more with their written words.

  This book includes materials from a popular course called “Good with Words: Writing and Editing” that Professor Patrick Barry created at both the University of Michigan Law School and the University of Chicago Law School. An online version of that course is now available through the educational platform Coursera.

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  The Syntax of Sports, Class 3: The Rule of Three

  Patrick Barry

  It’s not an accident that hall of fame coaches, Pulitzer Prize-winning writers, and the marketing teams at the most innovative companies in the world often rely on a certain three-part structure when trying to communicate their ideas. This third volume of The Syntax of Sports series explores the mechanics of that structure and shows how it can add a compelling mix of clarity and sophistication to your writing.

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  Children's Justice: How to Improve Legal Representation of Children in the Child Welfare System

  Don Duquette, Britany Orlebeke, Andrew Zinn, Robbin Pott, Ada Skyles, and Xiaomeng Zhou

  From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This seven-year, multimillion dollar project, directed by Clinical Professor Don Duquette, conducted a national needs assessment that identified a substantial consensus on the role and duties of the child’s lawyer. The needs assessment led to the QIC-ChildRep Best Practice Model, an update and expansion of the 1996 ABA Standards for Lawyers Representing Children in Child Abuse and Neglect Cases.

  Released in 2016 as a300-page softcover book, CHILDREN'S JUSTICE is the final report of the QIC-ChildRep project, guiding the reader through 13 chapters and 3 appendices:

  • Chapter 1: Challenge: Improve Child Representation in America
  • Chapter 2: Evolution of Child Representation
  • Chapter 3: National Needs Assessment
  • Chapter 4: Emerging Consensus and the QIC Best Practice Model
  • Chapter 5: Six Core Skills and the QIC Best Practice Training
  • Chapter 6: What the Lawyers Say About Implementing the Six Core Skills Chapter
  • 7: Sample Selection and Research Methods Chapter
  • 8: Profile of Lawyers Representing Children Chapter
  • 9: Lawyer Activities and Their Impact Chapter
  • 10: Findings of the Evaluation of the QIC-ChildRep Best Practices Model Training for Attorneys
  • Chapter 11: Reflections on QIC Empirical Findings
  • Chapter 12: The Flint MDT Study: A Description and Evaluation of a Multidisciplinary Team Representing Children in Child Welfare Cases
  • Chapter 13: How to Improve Legal Representation of Children in America’s Child Welfare System
  • Appendix A: QIC Best Practice Model of Child Representation in the Child Welfare System
  • Appendix B: 1996 American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases
  • Appendix C: 2011 ABA Model Act Governing Representation of Children in Abuse, Neglect and Dependency Proceedings

  This product was created by the National Quality Improvement Center on the Representation of Children in the Child Welfare System at the University of Michigan Law School, Cooperative Agreement No. 90CO1047, funded by the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.

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  The Syntax of Sports Class 2: The Power of the Particular

  Patrick Barry

  What can we learn from baseball great Ted Williams about how to improve our writing? What can we learn we from the iconic ESPN show SportsCenter about how to manage information? And are you sure you really know what the word “peruse” means?

  Explore these and other questions in the second volume of The Syntax of Sports, a series designed to recreate a popular course at the University of Michigan.

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  The Syntax of Sports, Class 1: The Words Under the Words

  Patrick Barry

  The Syntax of Sports is that course you wish you took in college—even if you aren’t a sports fan. It’s interesting. It’s practical. It’s inspiring. And best of all, it teaches you a skill that is at once highly marketable and potentially transforming: how to become a better thinker and writer.

  The beginning of a multi-volume series, this initial book recreates the first day of class as it was taught to undergraduates at the University of Michigan. The examples are compelling. The dialogue is fast moving. The stories are ones you’ll want to return to and retell over and over again.

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  Michigan Guidelines on the International Protection of Refugees

  James C. Hathaway

  The Michigan Guidelines on the International Protection of Refugees are the result of a collective endeavor of hundreds of scholars, advocates, judges, and international officials to tackle some of the most important and challenging questions in international refugee law. This volume presents 20 years of the Guidelines — the consensus work of senior Michigan Law students and experts from around the world on cutting-edge refugee law concerns — in five languages (English, French, Spanish, Arabic, and Russian).

  The Guidelines address five of the most difficult issues of refugee status: what is the meaning of a “well-founded fear”; when may refugee status be denied on grounds of an “internal protection alternative”; how is the causal connection to a Convention ground to be assessed; when is a risk fairly said to be for reasons of “political opinion”; and under what circumstances are persons believed to have violated rules of international criminal law to be excluded from refugee status? Additionally, this volume also addresses three critical aspects of refugee rights – when may a refugee be required to seek protection in a country not of his or her choosing; to what extent is a refugee entitled to undertake employment or other economic activity; and what is the scope of a refugee’s right to freedom of movement, both between states and within the asylum country?

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  Digital Copyright

  Jessica Litman

  I finished the original manuscript of Digital Copyright in 2000, two years after Congress enacted the Digital Millennium Copyright Act. The 1976 Copyright Act was itself 24 years old, and beginning to show its age. The Internet, in contrast, was still new and shiny and scary, especially for legacy entertainment and information businesses and the copyright lawyers who represented them.

  Seventeen years later, the Internet has become an essential feature of all of our lives and the copyright laws designed to tame it seem elderly and barnacle-encrusted. Remarkably, the legislative process that has made sensible copyright law reform all but impossible has stayed largely unchanged. Congress and the Copyright Office have recently launched what is billed as a comprehensive reexamination of copyright law with the goal of overhauling the law for the 21st century. It seems likely that these efforts will hew to the patterns of earlier copyright revision.

  Perhaps we stick with the tried and true approach to making copyright laws, even though it results in bad laws, because the process works so well for so many of the participants. Members of Congress can rely on affected industries to come up with broadly acceptable compromises, and to take on much of the burden of pressuring other interested groups to swallow them. Meanwhile, Senators and Representatives can continue to collect generous campaign contributions. The Copyright Office can be the center of attention as it plays a crucial role in managing the multilateral negotiations and interpreting their results to Congress. Copyright lobbyists and trade organizations can collect hefty fees from their members, in return for supplying them with laws that will give them competitive advantages against the next new thing, whatever it is. Because the laws that emerge from this process don’t work very well, meanwhile, everyone can look forward to another round.

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  The End of Ownership: Personal Property in the Digital Economy

  Aaron Perzanowski and Jason Schultz

  An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace.

  The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

  If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property.

  Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

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  A Nation of Widening Opportunities: The Civil Rights Act at 50

  Ellen D. Katz and Samuel R. Bagenstos

  The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On the fiftieth anniversary of the Act's passage, it is appropriate to reflect on the successes and failures of the civil rights project reflected in the statute, as well as on its future directions. This volume represents an attempt to assess the Civil Rights Act's legacy.

  On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since President Lyndon Baines Johnson signed the Civil Rights Act. In the volume that follows, readers will find edited versions of the papers that these scholars presented, enriched by our lively discussions at and after the conference. We hope that the essays in this volume will contribute to the continuing debates regarding the civil rights project in the United States and the world.

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  Household Politics: Conflict in Early Modern England

  Donald J. Herzog

  Early modern English canonical sources and sermons often urge the subordination of women. In Household Politics, Don Herzog argues that these sources were blather—not that they were irrelevant, but that plenty of people rolled their eyes at them. Indeed many held that a man had to be an idiot or a buffoon to try to act on their hoary “wisdom.” Households didn’t bask serenely in naturalized or essentialized patriarchy. Instead, husbands, wives, and servants struggled endlessly over authority. Nor did some insidiously gendered public/private distinction make the political subordination of women invisible. Conflict, Herzog argues, doesn't corrode social order: it's what social order usually consists in. He uses the argument to impeach conservatives and their radical critics for sharing confused alternatives. The social world Herzog brings vibrantly alive is much richer—and much pricklier—than many imagine.

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  Green Politics in China: Environmental Governance and State-Society Relations

  Joy Y. Zhang and Michael S. Barr

  Based on interviews with members of grassroots organisations, media and government institutions, Green Politics in China is an in-depth account of the novel ways Chinese society is responding to its environmental crisis, using examples rarely captured in Western media or academia.
  
  The struggle for clean air, low-carbon conspiracy theories, is transforming Chinese society, producing new forms of public fund raising and the encouraging the international tactics of grassroots NGOs. In doing so, they challenge static understandings of state-society relations in China, providing a crucial insight into the way in which China is changing internally and emerging as a powerful player in global environmental politics.

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  The Ideal Deal: How Local Governments Can Get More for Their Economic Development Dollar

  Rachel Weber and David Santacroce

  This handbook is designed to provide local economic development practitioners with an important tool. It takes the reader step-by-step through the different elements of contracts that treat public incentive packages as a quid pro quo for public benefits. Each section discusses a different element of the ideal deal: valuation of public costs and benefits, performance standards, disclosure and oversight, and enforcement. In each section we provide detailed examples of model provisions used by local governments in their incentive legislation, ordinances, and contracts -- information that has not before been obtained or recorded in any systematic way. These examples are meant to both illustrate the key principles for negotiating ideal deals and also serve as templates for actual contract language. They are supplemented with commentary culled from interviews conducted with local government officials, academic studies, and reports by watchdog organizations around the country.

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  William W. Cook: Articles from Law Quad Notes about William W. Cook

  Margaret A. Leary

  This collection of articles published from 2002-2004 is the embryo of a biography I hope to complete so that full information about the life and times of William W. Cook (1858- 1930) is accessible. Cook was important to the University of Michigan and its Law School because he gave virtually all of his considerable fortune to the Law School, and was the first individual to give so much.

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  Digital Copyright

  Jessica D. Litman

  In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

  In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?

  She argues for reforms of the 1998 copyright law that reflect common sense and the way people actually behave in their daily digital interactions.

  This paperback edition includes an afterword that comments on later developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.

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  The Song Sparrow and the Child: Claims of Science and Humanity

  Joseph Vining

  For centuries public claims on behalf of science have been made about our nature and the nature of the world as a whole. Over the twentieth century such claims on behalf of science have grown deeper and stronger. More and more they are total claims, cosmological in the largest sense, and they have evoked opposition equally deep and strong.

  There is the scientist in all of us. There is, too, the lawyer and law in all of us, which we realize the moment we serve as a witness or citizen juror. This book explores what the legal mind and ear can contribute to resolving this deep and growing conflict within and among us.

  "The question is not whether the theory of the cosmos affects matters, but whether, in the long run, anything else affects them." This was the prescient epigraph William James adopted for his lectures on pragmatism at the beginning of the twentieth century. In it is why this conflict is so deep at the beginning of the twenty-first and its resolution so important for our future together. We know that conventional limits and restraints can change with belief about the ultimate nature of things. The twentieth century has its warning examples, most gruesome where total vision has appeared in social and political thought. The connection between what we think about the nature of the world, and what we allow ourselves to do, is now widely felt, and, with good reason, widely feared.

  Our question here will be whether there are, in fact, openings in the total visions of today. The visions are of the facts of the world. What are the facts about the visions? The juror in us might naturally ask of a person testifying to them, "How am I to take what you are saying? Do you actually believe what I hear you to say?" This is empirical inquiry that we all engage in all the time without much thinking how we do it. At our best, especially in important matters, we reach for all the evidence. We listen to all a person says before concluding what any part of it might mean, and we treat what a person does as evidence of the meaning of what a person says.

  In this way we will be addressing here how far belief about the ultimate nature of things has actually changed over the twentieth century, in scientist or nonscientist. We will try to let ourselves be told what science is, on behalf of which people speak, and we will wonder how "antiscience" could ever really be a stance to take. Throughout, we will be asking how any total vision of the world can claim the true allegiance of human beings living and thinking together in it.

  This book is also about belief-or not-in spirit. The child learns to speak. The song sparrow comes to sing a beautiful song, special not just to its kind but to its individual throat and tongue. They are often compared, the development of individual song in the song sparrow and language in the child. Experiments that would be gruesome and called atrocity in a human context are performed on the young song sparrow. What is it that holds us back from performing the same experiment on the child-or letting it be done? What really, in thought and actual belief today?

  On such large questions touching our basic view of each other and ourselves, and other creatures too such as the song sparrow, we should be having a conversation or open meditation. The discussion ought not to be primarily argumentative, as we tend to understand argument. Binding you to me by successful moves of my mind would lose all that can be hoped for. It cannot be merely descriptive, with us absent from the picture. Nor should it try to move from one proposition to another whose meaning or truth depends on having done with the first. In any conversation or meditation we return more than once to the questions and examples with which we begin, and we will do so here. An earlier book of mine took a form that was meant to merge with and give the reader an experience of its subject, which was the legal form of thought. The form of this book too .reflects what we are talking about, a world that really does include ourselves.

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  Gender Mainstreaming in Legal and Constitutional Affairs: A Reference Manual for Governments and Other Stakeholders

  Christine Chinkin

  This is one of the sectoral guides that are part of the Gender Management System (GMS) resource kit, a series of publications presenting GMS. GMS is an innovative system developed by the Commonwealth Secretariat for gender mainstreaming. The system is a comprehensive network of structures, mechanisms and processes for bringing a gender perspective to bear on all government policies, plans, programmes and projects. The kit consists of a handbook which presents the GMS in detail; sectoral guides to gender mainstreaming in specific sectors; and resource documents to assist the user in gender analysis, monitoring, evaluation and other aspects of gender mainstreaming. Each sectoral guide also has a corresponding Quick Guide a short, user-friendly publication presenting the essential points. It is designed for policymakers, planners, field staff and other government personnel involved in gender mainstreaming, as well as for academic users, NGOs, the private sector and others who have a stake in advancing gender equality and equity.
  
  This manual offers guidelines for mainstreaming gender into the legal and constitutional affairs of states. Its main objective is to assist governments in advancing gender equality in their countries. Gender mainstreaming in the state’s legal and constitutional structures is a corollary to mainstreaming gender in development and ensuring equal opportunities and outcomes for women and men. Major factors for achieving real change include political will and commitment of resources, concrete and realistic targets, programmes grounded at the national level based on local contexts and evaluation.

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  Professional Responsibility

  Nicholas Rine and Ly U. Meng

  The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

  But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any one with an interest in under standing how the law works, it is important to understand how and why those who work within the law behave.

  Hopefully this text will make some sense of that behavior for both audiences.

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  The Attorney-Client Privilege and the Work-Product Doctrine in Michigan

  D. A. Celphane, Barbara McQuade, Leonard Niehoff, and Daniel P. Malone

  In Upjohn Co v. United States, the United States Supreme Court acknowledged that the attorney-client privilege - the "oldest of the privileges for confidential communications known to the common law" - has the crucial purpose of "encourag[ing] full and frank communication between attorneys and their clients and thereby promote[s] broader public interests in the observance of law and administration of justice." Similarly, in Hickman v Taylor, the Court stressed the importance of the work-product doctrine, noting that "[n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney." It is beyond question that, at a theoretical level, the attorney-client privilege and the work-product doctrine serve significant interests and that, at a practical level, attorneys constantly encounter issues involving these principles.

  Nevertheless, many attorneys do not acquire their familiarity with these crucial principles in any systematic way. Law school courses and casebooks often treat these principles superficially, and busy practicing lawyers tend to research specific issues only as they arise in the course of their work. As a result, many attorneys (and perhaps some judges) may not clearly understand the significance, scope, and limits of these doctrines. This publication is an attempt to solve this problem by offering a systematic and thorough examination of the attorney-client privilege and the work-product doctrine under Michigan law.

  Part II of this text addresses the attorney-client privilege; Part III addresses the work-product doctrine; and Part IV addresses ethics concepts of confidences and secrets. Wherever possible, Michigan authority has been cited and quoted. In some instances, federal cases are instructive in interpreting Michigan law or in filling an apparent gap in Michigan law; under those circumstances, the text freely cites and quotes from federal authority. The goal is to provide a comprehensive examination of these principles as interpreted by the Michigan courts.