A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform.In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of theUS Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who isfinancing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printingpresses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem.Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are notmerely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.

Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Inalienable Rights)

Minow, Martha

Media & the Law

Oxford University Press

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

In Brown's Wake: Legacies of America's Educational Landmark (Law and Current Events Masters)

History

Americas

What is the legacy of Brown vs. Board of Education? In this book, renowned legal scholar Martha Minow assesses the success and limitations of legal reforms that followed in the half century-long wake of this landmark decision. Minow argues that Brown was more influential and more effective in American law and society outside the schools, and its influence on the international human rights movement was just as significant as its impact within the United States. Equally important, this book is the first to examine the influence of Brown on treatment of gender, disability, language, immigration status, sexual orientation, religion, and school choice in American schools. This is a re-examination of the influence of Brown v. Board of Education that neither celebrates nor condemns the departure from its vision; it honors its accomplishments while addressing the complex issues it helped launch in and beyond racial justice. Minow concludes that though the promise of Brown remains more symbolic than effective, critical elements of the decision offer benchmarks of genuine significance in the struggles for justice in this new century.

Nearly every effort to reform American public education during the past half-century has involved the law. Partnerships and tensions between lawyers, educators, parents, and scholars have never been more central to the future shape and direction of our schools. This powerful book examines six of the most important and controversial school reform initiatives: school desegregation, school finance reform, special education, education of immigrant children, integration of youth services, and enforceable performance mandates. The contributors—leading authorities in the fields of education and law—examine these reform efforts from the perspectives of law, education, research, and practice. The authors trace the evolution of these reform strategies over time. They also explore ways in which lawyers, educators, scholars, and parents, through improved collaboration, and promising new approaches, can promote school reform and educational equity more effectively in the future. Assuming no special background, this engaging and accessible book has been written for educators, lawyers, policymakers, parents, and all readers concerned with education in America. Contributors to this volume: Jay P. Heubert; Gary Orfield; Molly McUsic; Carola and Marcelo Suarez-Orozco; Peter Roos; Thomas Hehir; Sue Gamm; Martin Gerry; Paul Weckstein.

Law and School Reform: Six Strategies for Promoting Educational Equity

Howe, Harold

Specialties

Yale University Press

The potential power of forgiveness in an age of resentment.
Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy―a fresh start for debtors―were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.
Who has the right to forgive? Who should be forgiven? And under what terms? Minow tackles these foundational issues by exploring three questions:
<ul>
<li>What does the international response to child soldiers teach us about the legal treatment of juvenile offenders in the United States?</li>
<li>Why are the laws surrounding corporate debt more forgiving than those governing American student and consumer debt, and sovereign debt in the developing world?</li>
<li>When do law’s tools of forgiveness, amnesties, and pardons strengthen justice, peace, and democracy (think South Africa), and when do they undermine law’s promise of fairness (think Joe Arpaio)?</li>
</ul>
There are certainly grounds for both individuals and societies to withhold forgiveness, but there are also cases where letting go of legitimate grievances can make the law more just, not less. The law is democracy’s girder beam, and Minow urges us to build forgiveness into the administration of our laws. Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.

When Should Law Forgive?

Criminal Law

W.W.Norton&Company

Review\n"Martha Minow’s work on how societies can recover from large-scale tragedies and human-rights violations has been transformational.… Her insights are smart, thoughtful, and rooted in a deep, nuanced understanding of what justice sometimes demands." 
― Bryan Stevenson, founder of the Equal Justice Initiative\n"No one but Martha Minow could have written this brilliant, and brilliantly readable, meditation on the role of forgiveness in the law and of the law in forgiveness… [showing how] to move forward and rebuild while both remembering the past and getting past it." 
― Laurence Tribe, author of To End a Presidency\n"In a book at once compassionate, nuanced, and tough-minded, Martha Minow brings together in an illuminating conjunction a set of issues that at first glance seem to have nothing whatever in common: horrific crimes committed by child soldiers, corporate and student debt, and presidential pardons for unrepentant criminals. All of these, as Minow brilliantly shows, raise the same pressing and contentious question: For what offenses and under what conditions should a just legal system offer forgiveness? This is a legal minefield through which When Should Law Forgive? provides an indispensable guide." 
― Stephen Greenblatt, Pulitzer Prize winner\n"In this time, so shaped by reactionary and ‘call-out’ cultures that foster harsh, virtue-signaling condemnation of others, this brilliant book carries a profound reminder: for a diverse society to cohere as a humane society, it has to have the capacity―rooted in law―to forgive and reconcile. This book’s inspiring discussion of how the law can do this is a beacon to that more humane society." 
― Claude Steele, author of Whistling Vivaldi\n"Minow’s new book thoroughly explores one enduring means of conflict resolution that is far too often overlooked: forgiveness." 
― Judge Ketanji Brown Jackson, Law360\n"Minow’s compassionate, knowledgeable, and nuanced examination of the gains that may follow policies that substitute forgiveness for rigid legal remedies is groundbreaking." 
― Publishers Weekly\n“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” ―Jill Lepore, author of These Truths 
In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? 
The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.

The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC’s first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP’s involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. 
This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda’s term thus offers the perfect opportunity to examine the first Prosecutor’s singular efforts to strengthen international justice, in all its facets.

The First Global Prosecutor: Promise and Constraints (Law, Meaning, And Violence)

True-Frost, C. Cora

Whiting, Alex

Foreign & International Law

University of Michigan Press

The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC’s first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP’s involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda’s term thus offers the perfect opportunity to examine the first Prosecutor’s singular efforts to strengthen international justice, in all its facets.

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

Breaking the Cycles of Hatred: Memory, Law, and Repair

Politics & Social Sciences

Social Sciences

Princeton University Press

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?
 Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.
 A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

See the best price to sell, buy, or rent books by Minow, Martha. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Minow, Martha

See the best price to sell, buy, or rent books by Minow, Martha. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Inalienable Rights)

In Brown's Wake: Legacies of America's Educational Landmark (Law and Current Events Masters)

In Brown's Wake: Legacies of America's Educational Landmark (Law and Current Events Masters)

Law and School Reform: Six Strategies for Promoting Educational Equity

When Should Law Forgive?

When Should Law Forgive?

The First Global Prosecutor: Promise and Constraints (Law, Meaning, And Violence)

The First Global Prosecutor: Promise and Constraints (Law, Meaning, And Violence)

Breaking the Cycles of Hatred: Memory, Law, and Repair

Breaking the Cycles of Hatred: Memory, Law, and Repair