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Almost Citizens lays out the tragic story of how the United States denied Puerto Ricans full citizenship following annexation of the island in 1898. As America became an overseas empire, a handful of remarkable Puerto Ricans debated with US legislators, presidents, judges, and others over who was a citizen and what citizenship meant. This struggle caused a fundamental shift in constitution law: away from the post-Civil War regime of citizenship, rights, and statehood and toward doctrines that accommodated racist imperial governance. Erman's gripping account shows how, in the wake of the Spanish-American War, administrators, lawmakers, and presidents together with judges deployed creativity and ambiguity to transform constitutional meaning for a quarter of a century. The result is a history in which the United States and Latin America, Reconstruction and empire, and law and bureaucracy intertwine.
Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time. In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place. While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty's new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents who emphasize the importance of providing incentives for producers of creative works from skeptics who emphasize the need for free and open access to knowledge.
In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.
Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and when subject to fair limits these rights are an indispensable part of a well-functioning society.
Since its founding in 1910-the same year as another national organization devoted to the economic and social welfare aspects of race advancement, the National Urban League-the NAACP has been viewed as the vanguard national civil rights organization in American history. But these two flagship institutions were not the first important national organizations devoted to advancing the cause of racial justice. Instead, it was even earlier groups - including the National Afro American League, the National Afro American Council, the National Association of Colored Women, and the Niagara Movement - that developed and transmitted to the NAACP and National Urban League foundational ideas about law and lawyering that these latter organizations would then pursue. With unparalleled scholarly depth, Defining the Struggle explores these forerunner organizations whose contributions in shaping early twentieth century national civil rights organizing have largely been forgotten today. It examines the motivations of their leaders, the initiatives they undertook, and the ideas about law and racial justice activism they developed and passed on to future generations. In so doing, it sheds new light on how these early origins helped set the path for twentieth century legal civil rights activism in the United States.
A previously untold story of Jewish-Muslim relations in modern Morocco, showing how law facilitated Jews' integration into the broader Moroccan society in which they lived Morocco went through immense upheaval in the nineteenth and early twentieth centuries. Through the experiences of a single Jewish family, Jessica Marglin charts how the law helped Jews to integrate into Muslim society-until colonial reforms abruptly curtailed their legal mobility. Drawing on a broad range of archival documents, Marglin expands our understanding of contemporary relations between Jews and Muslims and changes the way we think about Jewish history, the Middle East, and the nature of legal pluralism.
In a largely previously untold story, Melissa Milewski explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits. Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gatekeepers, they displayed pragmatism and a savvy understanding of how to get whites on their side. They found that certain kinds of cases were much easier to gain whites' support for than others. But they also found that, in the kinds of civil cases that they could litigate in the highest courts of eight states, they were also surprisingly successful. In a tremendously restricted environment in which they were often shut out of other government institutions, seen as racially inferior, and segregated, African Americans found a way to fight for their rights in one of the only ways they could. This book examines how African Americans adapted and at times made a biased system work for them under enormous constraints. At the same time, it considers the limitations of working within a white-dominated system at a time of great racial discrimination, and the choices black litigants had to make to have their cases heard.
Barrington Black was for many years one of the UK's best-known criminal defence lawyers and founder of a solicitor's firm in Leeds now commemorated in the name of a practice known as Black's. He was later a Metropolitan Stipendiary Magistrate and Circuit Judge in the Crown Court before becoming a Supreme Court Justice in Gibraltar.Both Sides of the Bench charts his life, legal and judicial progress and his contributions as legal expert to such programmes as BBC TV Look North and Yorkshire Television's Calendar. Always in demand due to his reputation as a reliable defence solicitor, he was sought out by among others the serial killer Donald Neilson also known as the Black Panther as well as being involved in other high profile cases. His accounts of these and other fascinating cases from his life as a lawyer and judge form the main parts of this compelling book which also looks at his early life, political ambitions and time in the army when he was involved in Courts Martial.It also takes readers behind the scenes to show what it is like to establish and run a legal practice as it grows and develops and contains insights into the normally private and behind the scenes world of the judiciary. Written by one of the UK's best-remembered defence lawyers.Takes the reader behind the scenes of life as a busy lawyer, judge and family man. A valuable social history due to its descriptive passages of parts of London and England and Wales. Contains criticisms of the way criminal defence is at-risk of dilution.
In the American imagination "the West" denotes a border-between civilization and wilderness, past and future, native and newcomer-and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women's rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.
The Early Middle Ages, which marked the end of the Roman Empire and the creation of the kingdoms of Western Europe, was a period central to the formation of modern Europe. This period has often been drawn into a series of discourses that are more concerned with the eighteenth, nineteenth, and twentieth centuries than with the distant past. In The Modern Origins of the Early Middle Ages, Ian Wood explores how Western Europeans have looked back to the Middle Ages to discover their origins and the origins of their society. Using historical records and writings about the Fall of Rome and the Early Middle Ages, Wood reveals how these influenced modern Europe and the way in which the continent thought about itself. He asks, and answers, the important question: why is early-medieval history, or indeed any pre-modern history, important? This volume promises to add to the debate on the significance of medieval history in the modern world.
A little over a century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations.
Criminal Justice and Law Enforcement Annual: Global Perspectives (CJLE) is a peer-reviewed annual publishing current interdisciplinary research on a wide array of vital international subjects related to criminal justice systems. We seek to publish: broad creative analyses of criminal justice systems or system components; articles and treatises on power, social theory, and the apparatuses of crime and punishment; comparative examinations; explorations of the intersection/s between criminal justice systems and other social, political, or economic structures; interdisciplinary and paradigm-challenging new work. Articles in CJLE take advantage of the broader perspective that annual publication provides by tackling large interpretative questions, offering synthetic analyses of major methodologies, or considering new theoretical approaches to criminal justice studies in the widest and most international sense.
On the stand with yippies, black panthers, and political activists
at the conspiracy trial that defined the youth rebellion of the
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
This book is a study of polyandry, wife-selling, and a variety of related practices in China during the Qing dynasty (1644-1912). By analyzing over 1200 legal cases from local and central court archives, Matthew Sommer explores the functions played by marriage, sex, and reproduction in the survival strategies of the rural poor under conditions of overpopulation, worsening sex ratios, and shrinking farm sizes. Polyandry and wife-selling represented opposite ends of a spectrum of strategies. At one end, polyandry was a means to keep the family together by expanding it. A woman would bring in a second husband in exchange for his help supporting her family. In contrast, wife sale was a means to survive by breaking up a family: a husband would secure an emergency infusion of cash while his wife would escape poverty and secure a fresh start with another man. Even though Qing law prohibited both practices under the rubric "illicit sexual relations," Sommer shows how magistrates charged with propagating and enforcing a fundamentalist Confucian vision of female chastity tried to cope with their social reality in the face of daunting poverty. This contradiction illuminates both the pragmatism of routine adjudication and the increasingly dysfunctional nature of the dynastic state in the face of mounting social crisis. By casting a spotlight on the rural poor and the experiences of both men and women, Sommer provides an alternative to the standard paradigms of women's history that have long dominated scholarship on gender and sexuality in late imperial China.
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment.
Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.
Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
Americans have long been obsessed with their images-their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"-individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images-to manage and spin them like actors, politicians, and rock stars.
The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men "analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.
Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.
In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men "reveals a Cold War dynamic that still roils East Asian relations today.
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution-the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
This resource produces the first comprehensive history of the state's federal courts from the inception of the Mississippi Territory to the late twentieth century. Using archival material and legal documents, David M. Hargrove untangles the state's complex legal history, which includes slavery and secession, the Civil War and Reconstruction, Jim Crow and civil rights. In this important overview of the United States courts in Mississippi, Hargrove surveys the state's federal judiciary as it rules on key issues in Mississippi's past. He examines the court as it mediates conflict between regional and national agendas as well as protects constitutional rights of the state's African American citizens during the Reconstruction and civil rights eras. Hargrove traces how political activities of the state's federal judges affected public perceptions of an independent judiciary. Growing demands for federal judicial and law enforcement infrastructure, he notes, called for courthouses that remain iconic presences in the state's largest cities. Hargrove presents detailed judicial biographies of judges who shaped Mississippi's federal bench. Commissioned by the state's federal judiciary to write the book, he offers balanced perspectives on jurists whose reputations have suffered in hindsight, while illuminating the achievements of those who have received little public recognition.
Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.
Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of literary copyright. Historical examinations of copyright have focused on the 18th century, but this book's main concern is with the period after 1774 in Britain. The 19th century was the period during which the boundaries of copyright, as it is known today, were drawn, and ideas of "public interest" were integral to this process, but in different and complex ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works, and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act, the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced has considerable relevance to debates over the scope of copyright law in the present day. It emphasizes the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.
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