Law and Class in America

Paul D. Carrington is Professor at Duke University School of Law, whose many publications include Spreading America's Word: Stories of Its Lawyer-Missionaries .Trina Jones is Professor at Duke University School of Law.

"This splendid collection of essays by leading legal scholars, on topics ranging from constitutional law to tax law and policy, draws on the best recent scholarship to illuminate how and why contemporary American law addresses-and fails to address-persistent problems caused by the maldistribution of wealth and income in the United States. Accessible to non-specialists, the essays are full of provocative insights and arguments." -Mark Tushnet,Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center "A brilliant collection of essays-each one brisk and authoritative. Altogether they show that class-the increasingly unbridgeable gap between rich and poor-is the biggest challenge to our national and global dreams of freedom and equality. Not only does the volume avoid the unevenness that plagues most groups of essays, but they are uniformly lively and interesting." -Barbara Allen Babcock,Judge John Crown Professor, Emerita, Stanford Law School "In this much-needed book, twenty-five specialists reveal how the growing gulf between Haves and Have-nots has distorted their fields of law-invariably to the advantage of the Haves. If you are concerned at the injustice of putting our lawmaking institutions up for sale to the highest bidders, this book is for you. If you are not concerned, where have you been?" -Kenneth L. Karst,David G. Price and Dallas P. Price Professor of Law Emeritus, University of California, Los Angeles

• Preface 1 Law Made in SkyboxesPart I : The Regress of Courts, Legislatures, and the Bar2 When (Some) Republican Justices Exhibited Concern for the Plight of the Poor3 Money and American Democracy 4 Contracting Civil Procedure 5 Skybox Lawyering Part II : Consequences6 Fair Pay for Chief Executive O?cers 7 The Antitrust "Revolution" and Small Business8 Residential Privilege9 The Declining Progressivity of the Federal Income Tax 10 Class War and the Estate TaxPart III : And Less for Those in the Cheap Seats11 Trade Law, Labor, and Global Inequality 12 Law at the Workplace13 Consumers and the American Contract System14 Congress and the Credit Industry15 The Misfortunes of the Family Farm 16 Health Law and the Broken Promise of Equity 17 The Elusive Goal of Equal Educational Opportunity 18 The Rise and Fall (and Rise Again?) of Accident Law19 Welfare Reform and Deform Part IV : The Hierarchy in Criminal Law20 Evidence Law to Protect the Civil Defendant, but Not the Accused 21 America's Misguided War on Drugs About the Contributors Index