A SCHOLARLY BOOK REPOSITORY
The Dynamics of Soviet Politics is the result of reflective and thorough research into the centers of a system whose inner debates are not open to public discussion and review, a system which tolerates no public opposition parties, no prying congressional committees, and no investigative journalists to ferret out secrets. The expert authors offer an inside view of the workings of this closed system a view rarely found elsewhere in discussions of Soviet affairs. Their work, building as it does on the achievements of Soviet studies over the last thirty years, is firmly rooted in established knowledge and covers sufficient new ground to enable future studies of Soviet politics and social practices to move ahead unencumbered by stereotypes, sensationalism, or mystification.
Among the subjects included are: attitudes toward leadership and a general discussion of the uses of political history; the dramatic cycles of officially permitted dissent; the legitimacy of leadership within a system that has no constitutional provision for succession; the gradual adoption of Western-inspired administrative procedures and "systems management"; a study of group competition, and bureaucratic bargaining; Khrushchev's virgin-lands experiment and its subsequent retrenchment; the apolitical values of adolescents; the problems of integrating Central Asia into the Soviet system; a history of peaceful coexistence and its current importance in Soviet foreign policy priorities, and, finally, an overview of Soviet government as an extension of prerevolutionary oligarchy, with an emphasis on adaptation to political change.
In a groundbreaking study, Marybeth Peterson Ulrich explores the attitudes of the leaders of the armed forces in Russia and the Czech Republic toward the new democratic governments and suggests ways in which we might encourage the development of politically neutral militaries in these states. Building on the work of Samuel Huntington and others on the relationship between the military and the state, the author suggests that norms of military professionalism must change if the armies in countries making a transition from communist rule are to become strong supporters of the democratic state. The Czech Republic and Russia are interesting cases, because they have had very different experiences in the transition; they have different geopolitical goals; and they experienced different military-civilian relationships during the Soviet period. The author also explores American and NATO programs to promote democratization in these militaries and suggests changes in the programs.
Marybeth Peterson Ulrich is Associate Professor of Government, U.S. Army War College.
The authors of The Danish Voter investigate a series of interesting questions concerning voters’ reactions to these macrosocial challenges and how their reactions affect the foundations for the ideal. Indeed, due to an electoral system open to new influences, the Danish case is an important test case for theories about political development of contemporary Western societies.
What are states, and how are they made? Scholars of European history assert that war makes states, just as states make war. This study finds that in China, the challenges of governing produced a trajectory of state-building in which the processes of moral regulation and social control were at least as central to state-making as the exercise of coercive power.
State-making is, in China as elsewhere, a profoundly normative and normalizing process. This study maps the complex processes of state-making, moral regulation, and social control during three critical reform periods: the Yongzheng reign (1723-1735), the Guomindang's Nanjing decade (1927-1937), and the Communist Party's Socialist Education Campaign (1962-1966). During each period, central authorities introduced—not without resistance—institutional change designed to extend the reach of central control over local political life. The successes and failures of state-building in each case rested largely upon the ability of each regime to construct itself as an autonomous moral agent both separate from and embedded in an imagined political community. Thornton offers a historical reading of the state-making process as a contest between central and local regimes of bureaucratic and discursive practice.
Following World War II, the American Occupation created Western style democratic institutions in Japan and sought to develop a society and culture that would support a democratic political system. Now, after four decades, the successes and failures of Japanese democracy can be assessed. How equal are Japan’s citizens? To what extent are their views represented in the legislature? How does Japan handle dissent and protest? How stable is its democracy?
In closely related and readable essays, thirteen leading experts consider three main components of democracy in Japan - political, social, and economic. The editors’ introduction provides historical background, making this book accessible and valuable for students, the general reader interested in Japan, as well as the specialist.
Erin Accampo Hern draws on original data from an original large-N survey, interviews, Afrobarometer data, and archival materials collected over 12 months in Zambia. The theory underlying this book’s framework is that of policy feedback, which argues that policies, once in place, influence the subsequent political participation of the affected population. This theory has predominantly been applied to advanced industrial democracies, and this book is the first explicit effort to adapt the theory to the developing country context.
Election campaigns, political events, and national celebration days in Malawi usually feature groups of women who dance and perform songs of praise for politicians and political parties. These lively performances help to attract and energize throngs of prospective voters. However, as Lisa Gilman explains, “praise performing” is one of the only ways that women are allowed to participate in a male-dominated political system.
Although political performances by women are not unique to Malawi, the case in Malawi is complicated by the fact that until 1994 all Malawianwomen were required to perform on behalf of the long-reigning political party and its self-declared “President for Life,” Dr. Hastings Kamuzu Banda+. This is the first book to examine the present-day situation, where issues of gender, economics and politics collide in surprising ways. Along with its solid grounding in the relevant literature, The Dance of Politics draws strength from Gilman’s first-hand observations and her interviews with a range of participants in the political process, from dancers to politicians.
Until recently, policy evaluation has mostly meant assessing whether government programs raise reading levels, decrease teen pregnancy rates, improve air quality levels, lower drunk-driving rates, or achieve any of the other goals that government programs are ostensibly created to do. Whether or not such programs also have consequences with respect to future demands for government action and whether government programs can heighten—or dampen—citizen involvement in civic activities are questions that are typically overlooked.
This book applies such questions to local government. Employing policy feedback theory to a series of local government programs, Elaine B. Sharp shows that these programs do have consequences with respect to citizens’ political participation. Unlike other feedback theory investigations, which tend to focus on federal government programs, Sharp’s looks at a broad range of policy at the local level, including community policing programs, economic development for businesses, and neighborhood empowerment programs.
With this clear-eyed analysis, Sharp finds that local governments’ social program activities actually dampen participation of the have-nots, while cities’ development programs reinforce the political involvement of already-privileged business interests. Meanwhile, iconic urban programs such as community policing and broader programs of neighborhood empowerment fail to enhance civic engagement or build social capital at the neighborhood level; at worst, they have the potential to deepen divisions—especially racial divisions—that undercut urban neighborhoods.
Employing an interdisciplinary approach, Rubin shows that the Juchitecos’ ability to organize and sustain a radical political movement grew out of a century-long history of negotiation of political rule. He argues that factors outside the realm of formal politics—such as ethnicity, language, gender, and religion—play an important part in the dynamics of regional political struggles and relationships of power. While offering a detailed view of the Zapotec community and its interactions, Rubin reconceptualizes democracy by considering the question of how meaningful autonomy, self-government, cultural expression, and material well-being can be forged out of violence and repression.
The contributors, who include both historians and anthropologists, address instances of colonial violence from the early modern period to the twentieth century and from Asia to Africa to North America. They consider diverse topics, from the interactions of race, law, and violence in colonial Louisiana to British attempts to regulate sex and marriage in the Indian army in the early nineteenth century. They examine the political dilemmas raised by the extensive use of torture in colonial India and the ways that British colonizers flogged Nigerians based on beliefs that different ethnic and religious affiliations corresponded to different degrees of social evolution and levels of susceptibility to physical pain. An essay on how contemporary Sufi healers deploy bodily violence to maintain sexual and religious hierarchies in postcolonial northern Nigeria makes it clear that the state is not the only enforcer of disciplinary regimes based on ideas of difference.
Contributors. Laura Bear, Yvette Christiansë, Shannon Lee Dawdy, Dorothy Ko, Isaac Land, Susan O’Brien, Douglas M. Peers, Steven Pierce, Anupama Rao, Kerry Ward
Define and Rule focuses on the turn in late nineteenth-century colonial statecraft when Britain abandoned the attempt to eradicate difference between conqueror and conquered and introduced a new idea of governance, as the definition and management of difference. Mahmood Mamdani explores how lines were drawn between settler and native as distinct political identities, and between natives according to tribe. Out of that colonial experience issued a modern language of pluralism and difference.
A mid-nineteenth-century crisis of empire attracted the attention of British intellectuals and led to a reconception of the colonial mission, and to reforms in India, British Malaya, and the Dutch East Indies. The new politics, inspired by Sir Henry Maine, established that natives were bound by geography and custom, rather than history and law, and made this the basis of administrative practice.
Maine’s theories were later translated into “native administration” in the African colonies. Mamdani takes the case of Sudan to demonstrate how colonial law established tribal identity as the basis for determining access to land and political power, and follows this law’s legacy to contemporary Darfur. He considers the intellectual and political dimensions of African movements toward decolonization by focusing on two key figures: the Nigerian historian Yusuf Bala Usman, who argued for an alternative to colonial historiography, and Tanzania’s first president, Mwalimu Julius Nyerere, who realized that colonialism’s political logic was legal and administrative, not military, and could be dismantled through nonviolent reforms.
Diaspora and transnationalism are concepts that have become very popular in modern academic and political discourses. And while most of the new literature treats the two separately, this book studies these fields alongside one another. Rainer Bauböck and Thomas Faist bring together scholars from a wide range of academic disciplines to discuss the concepts, theories, and methodologies used in the study of border-crossing affiliations.
Historical work on the late nineteenth and early twentieth centuries suggests that as nation-states were solidifying throughout Western Europe, exiled groups tended to develop rival national identities—an occurrence that had been fairly uncommon in the two preceding centuries. Diaspora Identities draws on eight case studies, ranging from the early modern period through the twentieth century, to explore the interconnectedness of exile, nationalism, and cosmopolitanism as concepts, ideals, attitudes, and strategies among diasporic groups.
The explosion of digital information and communication technologies has influenced almost every aspect of contemporary life. Diasporas in the New Media Age is the first book-length examination of the social use of these technologies by emigrants and diasporas around the world. The eighteen original essays in the book explore the personal, familial, and social impact of modern communication technology on populations of European, Asian, African, Caribbean, Middle Eastern, and Latin American emigrants. It also looks at the role and transformation of such concepts as identity, nation, culture, and community in the era of information technology and economic globalization. The contributors, who represent a number of disciplines and national origins, also take a range of approaches—empirical, theoretical, and rhetorical—and combine case studies with thoughtful analysis. Diasporas in the New Media Age is both a discussion of the use of communication technologies by various emigrant groups and an engaging account of the immigrant experience in the contemporary world. It offers important insights into the ways that dispersed populations are using digital media to maintain ties with their families and homeland, and to create new communities that preserve their culture and reinforce their sense of identity. In addition, the book is a significant contribution to our understanding of the impact of technology on society in general.
Investigating the global system of detention centers that imprison asylum seekers and conceal persistent human rights violations
Remote detention centers confine tens of thousands of refugees, asylum seekers, and undocumented immigrants around the world, operating in a legal gray area that hides terrible human rights abuses from the international community. Built to temporarily house eight hundred migrants in transit, the immigrant “reception center” on the Italian island of Lampedusa has held thousands of North African refugees under inhumane conditions for weeks on end. Australia’s use of Christmas Island as a detention center for asylum seekers has enabled successive governments to imprison migrants from Asia and Africa, including the Sudanese human rights activist Abdul Aziz Muhamat, held there for five years.
In The Death of Asylum, Alison Mountz traces the global chain of remote sites used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical ideal. Through unprecedented access to offshore detention centers and immigrant-processing facilities, Mountz illustrates how authorities in the United States, the European Union, and Australia have created a new and shadowy geopolitical formation allowing them to externalize their borders to distant islands where harsh treatment and deadly force deprive migrants of basic human rights.
Mountz details how states use the geographic inaccessibility of places like Christmas Island, almost a thousand miles off the Australian mainland, to isolate asylum seekers far from the scrutiny of humanitarian NGOs, human rights groups, journalists, and their own citizens. By focusing on borderlands and spaces of transit between regions, The Death of Asylum shows how remote detention centers effectively curtail the basic human right to seek asylum, forcing refugees to take more dangerous risks to escape war, famine, and oppression.
In North America, immigration has never been about immigration. That was true in the early twentieth century when anti-immigrant rhetoric led to draconian crackdowns on the movement of bodies, and it is true today as new measures seek to construct migrants as dangerous and undesirable. This premise forms the crux of Jay Timothy Dolmage’s new book Disabled Upon Arrival: Eugenics, Immigration, and the Construction of Race and Disability, a compelling examination of the spaces, technologies, and discourses of immigration restriction during the peak period of North American immigration in the early twentieth century.
Through careful archival research and consideration of the larger ideologies of racialization and xenophobia, Disabled Upon Arrival links anti-immigration rhetoric to eugenics—the flawed “science” of controlling human population based on racist and ableist ideas about bodily values. Dolmage casts an enlightening perspective on immigration restriction, showing how eugenic ideas about the value of bodies have never really gone away and revealing how such ideas and attitudes continue to cast groups and individuals as disabled upon arrival.
Dreamer Nation tells the story of how Dreamers in the Obama era creatively confronted a complex sociopolitical landscape to advocate for immigrant rights and empower undocumented youth to proudly represent their lives and identities, all while under the ever-present threat of detention and deportation. Contributing to rhetorical studies of social movements, immigration, and minoritized rhetorics, Ribero argues that even though Dreamer rhetorics were reflective of the discursive limits of the neoliberal milieu, they also worked to disrupt neoliberal constraints through activism that troubled the primacy of the nation-state and citizenship, refused to adhere to respectability politics, forwarded embodied identity and transnational belonging, and looked for liberation in community—not solely in legislative action.
Each chapter presents a different rhetorical situation within the US “crisis” of immigration and the rhetoric that Dreamers used to respond to it. Organized chronologically, the chapters document Dreamer activism during the Obama presidency, from the 2010 hunger strikes advocating for the DREAM Act to undocuqueer “artivism” responding to Trump’s presidential campaign. The author draws not only on the methods and theories of rhetorical studies but also on women of color feminisms, ethnic studies, critical theory, and queer theory. In this way, the book looks across disciplines to illustrate the rhetorical savvy of one of the most important US social movements of our time.
Given the massive demographic changes in the United States during the past few decades, understanding the place of immigrants in the public sphere has never been more critical. Democracy's Promise examines both the challenges and opportunities posed to American civic institutions by the presence of increasing numbers of immigrants. Author Janelle Wong argues that the low levels of political participation among contemporary immigrants are not due to apathy or preoccupation with their homeland, but to the inability of American political parties and advocacy organizations to mobilize immigrant voters. Wong's rich study of Chinese and Mexican immigrants in New York and Los Angeles complements traditional studies of political behavior and civic institutions while offering a nuanced examination of immigrants' political activity.
Democracy's Promise will appeal to a broad spectrum of social scientists and ethnic studies scholars who study or teach immigration, racial and ethnic politics, political participation, civic engagement, and American political institutions. In addition, it will appeal to community organizers and party activists who are interested in issues of race and ethnicity, immigration, political participation, and political mobilization.
Janelle Wong is Assistant Professor of Political Science and American Studies and Ethnicity at the University of Southern California.
--Jennifer L. Hochschild, Harvard University
"Wong draws on the Latino and Asian immigrant experience, with specific examples from the Chinese and Mexican communities of New York and Los Angeles, to show how the political parties have largely failed to organize these groups and why labor unions and immigrant advocacy organizations have stepped in to take their place. Far from 'disuniting' America, she clearly shows that bringing these groups into the political fray is central to the project of renewing American democracy."
--John Mollenkopf, CUNY Graduate Center
"A scathing critique of the role of parties in the mobilization of new immigrants and an invaluable analysis of alternative pathways of mobilization through community organizations."
--Michael Jones-Correa, Cornell University
"By employing multiple empirical methods, including in-depth interviews and sophisticated survey analyses, Janelle Wong provides a compelling account of the political activities and allegiances of America's Asian and Latino immigrants that challenges much conventional wisdom. Often the political parties are failing to reach out to these groups, and often immigrants remain concerned about their home countries; but they are nonetheless increasingly active in American politics, in ways that may do much to shape the course of American political development in the 21st century. Democracy's Promise is a major contribution to our understanding of this crucial dimension of American politics."
--Rogers M. Smith, University of Pennsylvania
"Democracy's Promise challenges political parties to reexamine their priorities for mobilizing new voters, and identifies the critical role civic institutions play in invigorating participation among immigrant citizens. Wong's analysis is at once precise and expansive; illuminating the contours of Latino and Asian American political incorporation and provoking thoughtful debate on inclusion in democratic theory."
--Jane Junn, Rutgers University
While politicians and pundits endlessly debate immigration policy, U.S. Border Patrol agents put their lives on the line to enforce immigration law. In a day's work, agents may catch a load of narcotics, apprehend groups of people entering the country illegally, and intercept a potential terrorist. Their days often include rescuing aliens from death by thirst or murder by border bandits, preventing neighborhood assaults and burglaries, and administering first aid to accident victims, and may involve delivering an untimely baby or helping stranded motorists. As Bill Broyles and Mark Haynes sum it up, "Border Patrol is a hero job," one that too often goes unrecognized by the public.
Desert Duty puts a human face on the Border Patrol. It features interviews with nineteen active-duty and retired agents who have worked at the Wellton, Arizona, station that watches over what is arguably the most perilous crossing along the border—a sparsely populated region of the Sonoran Desert with little water and summer temperatures that routinely top 110°F. The agents candidly discuss the rewards and frustrations of holding the line against illegal immigrants, smugglers, and other criminals—while often having to help the very people they are trying to thwart when they get into trouble in the desert. As one agent explains, "The thrill is tracking 'em up before they die. It's a rough ol' way to go—run outta water in this desert."
In the late nineteenth and early twentieth centuries, Baynton explains, immigration restriction in the United States was primarily intended to keep people with disabilities—known as “defectives”—out of the country. The list of those included is long: the deaf, blind, epileptic, and mobility impaired; people with curved spines, hernias, flat or club feet, missing limbs, and short limbs; those unusually short or tall; people with intellectual or psychiatric disabilities; intersexuals; men of “poor physique” and men diagnosed with “feminism.” Not only were disabled individuals excluded, but particular races and nationalities were also identified as undesirable based on their supposed susceptibility to mental, moral, and physical defects.
In this transformative book, Baynton argues that early immigration laws were a cohesive whole—a decades-long effort to find an effective method of excluding people considered to be defective. This effort was one aspect of a national culture that was increasingly fixated on competition and efficiency, anxious about physical appearance and difference, and haunted by a fear of hereditary defect and the degeneration of the American race.
During the 2016 presidential campaign millions of voters, concerned about the economic impact of illegal immigration, rallied behind the notion of a border wall between the United States and Mexico. Well into the Trump presidency, immigration endures as a hotly contested issue in United States politics.
In Dreams Derailed sociologist William A. Schwab shares the stories of immigration reform advocates and follows up on stories told in his 2013 book Right to DREAM, which argued in favor of the DREAM Act that would have provided conditional residency for undocumented youth brought to the United States as children, a version of which was later enacted by executive order and referred to as DACA (Deferred Action for Childhood Arrivals).
Taking as its focal point the Trump administration’s decision to rescind Obama-era DACA protection, Dreams Derailed delves into the economic, political, and social factors that inform the public conversation about immigration, making a clear case for the many benefits of inclusive policies and the protection of undocumented youths. Schwab also takes a close look at the factors that carried Donald Trump to the White House, demonstrates how economic upheaval and the issue of immigration influenced the 2016 presidential election, analyzes current immigration laws, and suggests next steps for reform.
The Dynamics of Migration and Settlement in Europe explores the causes and consequences of such massive changes in demography. Researchers at the IMISCOE–Network of Excellence (Immigration, Integration and Social Cohesion in Europe) bring together a wealth of theoretical and analytical research in this collection of essays addressing the many crucial questions that have arisen in the past two decades. Underlying these essays is a key concern for the healthy management of these new migration processes, as well as the eventual shape of the new societies that are just beginning to emerge.
International migration and the ensuing questions about integration continue to be subjects of intense debate, and this book will be welcomed among those involved in migration studies and international development.
Delegating Responsibility explores the politics of migration in the European Union and explains how the EU responded to the 2015–17 refugee crisis. Based on 86 interviews and fieldwork in Greece and Italy, Nicholas R. Micinski proposes a new theory of international cooperation on international migration. States approach migration policies in many ways—such as coordination, collaboration, subcontracting, and unilateralism—but which policy they choose is based on capacity and on credible partners on the ground. Micinski traces the fifty-year evolution of EU migration management, like border security and asylum policies, and shows how EU officials used “crises” as political leverage to further Europeanize migration governance. In two in-depth case studies, he explains how Italy and Greece responded to the most recent refugee crisis. He concludes with a discussion of policy recommendations regarding contemporary as well as long-term aspirations for migration management in the EU.
The Dynamics of Deterrence is the first comprehensive treatment of deterrence theory since the mid-1960s. Frank C. Zagare introduces a new theoretical framework for deterrence that is rigorous, consistent, and illuminating. By placing the deterrence relationship in a "theory of moves" framework, Zagare is able to remedy the defects of other models. His approach is illustrated by and applied to a number of complex deterrence situations: the Berlin crisis of 1948, the Middle East crises of 1967 and 1973, and The Falkland/Malvinas crisis of 1980. He also examines the strategic relationship between the United States and the Soviet Union from 1945 to the present.
Zagare studies the dynamics of both mutual and unilateral deterrence games in nuclear and non-nuclear situations, and the impact of credibility, capability, and power asymmetries on deterrence stability. He shows that his theory is applicable for analyzing deterrence situations between allies as well as between hostile states. One of the additional strengths of his model, however, is its general usefulness for other levels and settings, such as deterrence games played by husband and wife, parent and child, employer and employee, and the state and its citizens. With its lucid prose and illustrative examples, The Dynamics of Deterrence will be of interest to a wide audience in international relations, peace studies, and political science.
Three scenarios for future approaches to peace and conflict diplomacy, explored through the lens of regional perspectives and security threats
Diplomacy in pursuit of peace and security faces severe challenges not seen in decades. The reemergence of strong states, discord in the UN Security Council, destabilizing transnational nonstate actors, closing space for civil society within states, and the weakening of the international liberal order all present new obstacles to diplomacy.
In Diplomacy and the Future of World Order, an international group of experts confronts these challenges to peace and conflict diplomacy—defined as the effort to manage others’ conflicts, cope with great power competition, and deal with threats to the state system itself. In doing so, they consider three potential scenarios for world order where key states decide to go it alone, return to a liberal order, or collaborate on a case-by-case basis to address common threats and problems.
These three scenarios are then evaluated through the prism of regional perspectives from around the world and for their potential ramifications for major security threats including peacekeeping, nuclear nonproliferation, cyber competition, and terrorism. Editors Chester A. Crocker, Fen Osler Hampson, and Pamela Aall conclude the volume by identifying emerging types of diplomacy that may form the foundation for global peacemaking and conflict management in an uncertain future.
-Todd Sandler, Robert R. and Katheryn A. Dockson Professor of International Relations & Economics, University of Southern California
"Boyer and Bobrow's well-written, data-rich analysis of such pressing issues as development assistance, debt management, UN peacekeeping, and environmental protection makes Defensive Internationalism a highly original and provocative contribution to the study of global governance."
-Yale H. Ferguson, Co-Director, Center for Global Change and Governance, Rutgers University
In this pathbreaking study, authors Davis B. Bobrow and Mark A. Boyer argue for "muted optimism" about the future of international cooperation. Leaders of a growing movement that integrates constructivism into traditional international studies concepts and methods, Bobrow and Boyer analyze four key international issues: development cooperation, debt management, peacekeeping operations, and environmental affairs. Their approach integrates elements of public goods theory, identity theory, new institutionalism, and rational choice. Defensive Internationalism is a well-written, creative and coherent synthesis of ideas that have up to now been considered irreconcilable. It is appropriate for upper-level undergraduate and graduate students in international relations, conflict studies, and political economy, and promises to become a foundational work in its field.
Davis B. Bobrow is Professor of Public and International Affairs and Political Science at the University of Pittsburgh.
Mark A. Boyer is Professor of Political Science at the University of Connecticut.
Following costly U.S. engagement in two wars in the Middle East, questions about the appropriateness of American military interventions dominate foreign policy debates. Is an interventionist foreign policy compatible with the American constitutional tradition?
This book examines critic Irving Babbitt’s (1865–1933) unique contribution to understanding the quality of foreign policy leadership in a democracy. Babbitt explored how a democratic nation’s foreign policy is a product of the moral and cultural tendencies of the nation’s leaders, arguing that the substitution of expansive, sentimental Romanticism for the religious and ethical traditions of the West would lead to imperialism.
The United States’ move away from the restraint and order of sound constitutionalism to involve itself in the affairs of other nations will inevitably cause a clash with the “civilizational” regions that have emerged in recent decades. Democracy and Imperialism uses the question of soul types to address issues of foreign policy leadership, and discusses the leadership qualities that are necessary for sound foreign policy.
Histories of remote islands around Japan are usually told through the prism of territorial disputes. In contrast, Takahiro Yamamoto contends that the transformation of the islands from ambiguous border zones to a territorialized space emerged out of multilateral power relations. Sakhalin, the Kuril Islands, Tsushima, the Bonin Islands, and the Ryukyu Islands became the subject of inter-imperial negotiations during the formative years of modern Japan as empires nudged each other to secure their status with minimal costs rather than fighting a territorial scramble. Based on multiarchival, multilingual research, Demarcating Japan argues that the transformation of border islands should be understood as an interconnected process, where inter-local referencing played a key role in the outcome: Japan’s geographical expansion in the face of domineering Extra-Asian empires.
Underneath this multilateral process were the connections forged by individuals. Translators, doctors, traffickers, castaways, and indigenous hunters crisscrossed border regions and enacted violence, exchanged knowledge, and forged friendships. Although their motivations were eclectic and their interactions transcended national borders, the linkages they created were essential in driving territorialization forward. Demarcating Japan demonstrates the crucial role of nonstate actors in formulating a territory.
In 1944, as the end of World War II approached, an important series of talks was held to plan the formation of postwar international institutions. The site for the conversations was Dumbarton Oaks in Washington, DC, a research institute administered by Harvard University. In a spirit of optimism, Secretary of State Cordell Hull said that the purpose was “to create the institutional foundations for a just and enduring peace,” while Soviet ambassador Andrei Gromyko spoke of an international organization that would “guarantee for the peoples peace, security, and prosperity in the future.” The meetings, which included debates on a variety of issues, were a first step toward the creation of the United Nations.
In 1994, the “Dumbarton Oaks Conference, 1944–1994” brought together scholars and policymakers who have been involved with the study of international organizations or have played important roles in them. The conference papers in this volume examine both the formation of the United Nations and a number of current issues, including human rights, collective economic sanctions, peacekeeping operations, and the evolution of the role of the Secretary-General.
What horrors will the twenty-first century bring? For many people, a clash of civilizations and a perilous return to great power rivalries are the dominant visions of things to come. Fueled by daily headlines, overwhelming majorities of people from all walks of life consider the world to be a far more chaotic, frightening, and ultimately more dangerous place than ever before. Christopher J. Fettweis argues that these impressions, however widespread, are wrong.
Dangerous Times? is an examination of international politics that reveals both theoretical logic and empirical data that support the vision of a future where wars between great powers are unlikely and transnational threats can be contained. Despite popular perception, today a far greater percentage of the world’s population lives in peace than at any time in history, and the number and intensity of all types of warfare have dropped steadily since the early 1990s. Terrorism, though reprehensible, can be combated and can actually increase international cooperation among states fighting a common threat. World wars like those of the twentieth century—the true clash of civilizations—are unlikely to be repeated in the close-knit world of the twenty-first century.
In this sharp and insightful book, Fettweis discusses this revolution in human history and its ramifications for international relations theory. He suggests a new vision for a more restrained U.S. grand strategy and foreign policy and reveals how, despite pessimistic perceptions to the contrary, the world is more likely entering a golden age of peace and security.
Goetze describes how the peacebuilding field came into being, how it defines who belongs to it and who does not, and what kind of group culture it has generated. Using an innovative methodology, she investigates the motivations of individuals who become peacebuilders, their professional trajectories and networks, and the “good peacebuilder” as an ideal. For many, working in peacebuilding in various ways—as an aid worker on the ground, as a lawyer at the United Nations, or as an academic in a think tank—has become not merely a livelihood, but also a form of participation in world politics. As a field, peacebuilding has developed techniques for incorporating and training new members, yet its internal politics also create the conditions of exclusion that often result in practical failures of the peacebuilding enterprise.
By providing a critical account of the social mechanisms that make up the peacebuilding field, Goetze offers deep insights into the workings of Western domination and global inequalities.
"Combining a rich and varied set of theoretical insights with a subtle analysis of the politics of American foreign policy, Defacing Power marks an important contribution toward understanding the power of identity in world politics. Engagingly written and rigorously argued, Steele's challenging analysis is incisive, important, and rewarding."
---Michael C. Williams, Graduate School of Public and International Affairs, University of Ottawa
"Brent Steele's marvelous excavation of the aesthetic dimensions of power is strikingly irreverent, inasmuch as he displays no commitment to ex ante disciplinary or substantive constraints in his quest to disclose those moments of creative action so often overlooked by theories and theorists wedded to the grandiose and the transhistorical. Steele samples and remixes a myriad of sources, arranging them so as to produce a transgressively insightful account of how 'work on the Self,' often condemned as self-indulgent by prior generations of intellectuals, might just point in the direction of a more sustainably secure world."
---Patrick Thaddeus Jackson, School of International Service, American University
"Defacing Power successfully integrates work from Dewey to Morgenthau to Foucault, as well as a wide range of contemporary international relations scholars, in its genealogy of power conceptualizations and characteristics. This book is theoretically sophisticated and serious. It should be of interest to students of international politics, international theory, social theory, and foreign policy."
---Cecelia Lynch, Center for Global Peace and Conflict Studies, University of California, Irvine
Defacing Power investigates how nation-states create self-images in part through aesthetics and how these images can be manipulated to challenge those states' power. Although states have long employed media, such as radio, television, and film, for their own image-making purposes, counterpower agents have also seized upon new telecommunications technologies. Most recently, the Internet has emerged as contested territory where states and other actors wage a battle of words and images.
Moving beyond theory, Brent Steele illustrates his provocative argument about the vulnerability of power with examples from recent history: the My Lai Massacre and the Tet Offensive, September 11 and the al-Qaeda communiqués, the atrocities at Fallujah and Abu Ghraib, and the U.S. response to the Asian tsunami of December 2004. He demonstrates how a nation-state---even one as powerful as the United States---comes to feel threatened not only by other nation-states or terrorist organizations but also by unexpected events that challenge its self-constructed image of security. At the same time, Steele shows that as each generation uses available media to create and re-create a national identity, technological innovations allow for the shifting, upheaval, and expansion of the cultural structure of a nation.
Brent J. Steele is Associate Professor of Political Science at the University of Kansas.
A number of nations, conspicuously Israel and the United States, have been increasingly attracted to the use of strategic barriers to promote national defense. In Do Good Fences Make Good Neighbors?, defense analyst Brent Sterling examines the historical use of strategic defenses such as walls or fortifications to evaluate their effectiveness and consider their implications for modern security.
Sterling studies six famous defenses spanning 2,500 years, representing both democratic and authoritarian regimes: the Long Walls of Athens, Hadrian’s Wall in Roman Britain, the Ming Great Wall of China, Louis XIV’s Pré Carré, France’s Maginot Line, and Israel’s Bar Lev Line. Although many of these barriers were effective in the short term, they also affected the states that created them in terms of cost, strategic outlook, military readiness, and relations with neighbors. Sterling assesses how modern barriers against ground and air threats could influence threat perceptions, alter the military balance, and influence the builder’s subsequent policy choices.
Advocates and critics of strategic defenses often bolster their arguments by selectively distorting history. Sterling emphasizes the need for an impartial examination of what past experience can teach us. His study yields nuanced lessons about strategic barriers and international security and yields findings that are relevant for security scholars and compelling to general readers.
In nine insightful chapters, this volume's contributors outline each nation's demilitarization choices and how they were made. They investigate factors such as military defeat, border security risks, economic pressures, and the development of strong peace cultures among citizenry. Also at center stage is the influence of the United States, which fills a paradoxical role as both an enabler of demilitarization and a leader in steadily accelerating militarization.
Bookended by Peter N. Stearns' thought-provoking historical introduction and forward-looking conclusion, the chapters in this volume explore what true demilitarization means and how it impacts a society at all levels, military and civilian, political and private. The examples chosen reveal that successful demilitarization must go beyond mere troop demobilization or arms reduction to generate significant political and even psychological shifts in the culture at large. Exemplifying the political difficulties of demilitarization in both its failures and successes, Demilitarization in the Contemporary World provides a possible roadmap for future policies and practices.
Taking as a point of departure H. L. A. Hart’s The Concept of the Law, Peter Fitzgerald shows how Hart adopted Wittgenstein’s linguistic theory to overthrow J. L. Austin’s “simple” conception of rules and habits in law, only to jettison this theory in order to locate the essence of law in its evolution from a “primal scene.” Other chapters examine the way in which the setting of English law above social relations has masked an imperial mission; how the philosophies of Hayek and Marx, as well as the discourses of liberalism, feminism, semiotics, and poststructuralism, have been assiduously marginalized and rendered inessential to jurisprudence.
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees.
In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation.
Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction.
The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game.
Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA.
"A fascinating book, which I strongly recommend to all those active in international commercial arbitration, as they will see the arbitral world from new and unthought of perspectives."—Jacques Werner, Journal of International Arbitration
Whether investigating the power that individual and corporate sponsors have over the fate of foreign laborers in Bahrain, the implications of Germany’s temporary suspension of deportation orders for pregnant and ill migrants, or the significance of the detention camp, the contributors reveal how deportation reflects and reproduces notions about public health, racial purity, and class privilege. They also provide insight into how deportation and deportability are experienced by individuals, including Arabs, South Asians, and Muslims in the United States. One contributor looks at asylum claims in light of an unusual anti-deportation campaign mounted by Algerian refugees in Montreal; others analyze the European Union as an entity specifically dedicated to governing mobility inside and across its official borders. The Deportation Regime addresses urgent issues related to human rights, international migration, and the extensive security measures implemented by nation-states since September 11, 2001.
Contributors: Rutvica Andrijasevic, Aashti Bhartia, Heide Castañeda , Galina Cornelisse , Susan Bibler Coutin, Nicholas De Genova, Andrew M. Gardner, Josiah Heyman, Serhat Karakayali, Sunaina Marr Maira, Guillermina Gina Nuñez, Peter Nyers, Nathalie Peutz, Enrica Rigo, Victor Talavera, William Walters, Hans-Rudolf Wicker, Sarah S. Willen
Moving next to de facto independence, Yadav and Mukherjee bring together data from 103 democracies in the developing world, complemented by case studies of Brazil, India, and Indonesia. Honing in on the effects of electoral institutions, the authors find that, when faced with short time horizons, governments that operate in personal vote electoral systems are likely to increase de facto judicial independence whereas governments in party-centered systems are likely to reduce it.
Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recent years.
Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described.
Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.
"Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review
"An invaluable aid to the study of Hobbes."—Review of Metaphysics
Pascoe details Denver’s desegregation battle, beginning with the citizen studies that exposed the inequities of segregated schools and Rachel Noel’s resolution to integrate the system, followed by the momentous pro-integration Benton-Pascoe campaign of Ed Benton and Monte Pascoe for the school board in 1969. When segregationists won that election and reversed the integration plan for northeast Denver, Black, white, and Latino parents filed Keyes v. School District No. 1. This book follows the arguments in the case through briefs, transcripts, and decisions from district court to the Supreme Court of the United States and back, to its ultimate order to desegregate all Denver schools “root and branch.” It was the first northern city desegregation suit to be brought before the Supreme Court. However, with the end of court-ordered busing in 1995, schools quickly resegregated and are now more segregated than before Keyes was filed.
Pascoe asserts that school integration is a necessary step toward eliminating systemic racism in our country and should be the objective of every school board. A Dream of Justice will appeal to students, scholars, and readers interested in the history of civil rights in America, Denver history, and the history of US education.
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.
The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff
Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.
Bolin was appointed to New York City's domestic relations court in 1939 for the first of four ten-year terms. When she retired in 1978, her career had extended well beyond the courtroom. Drawing on archival materials as well as a meeting with Bolin in 2002, historian Jacqueline A. McLeod reveals how Bolin parlayed her judicial position to impact significant reforms of the legal and social service system in New York.
Beginning with Bolin's childhood and educational experiences at Wellesley and Yale, Daughter of the Empire State chronicles Bolin's relatively quick rise through the ranks of a profession that routinely excluded both women and African Americans. Deftly situating Bolin's experiences within the history of black women lawyers and the historical context of high-achieving black New Englanders, McLeod offers a multi-layered analysis of black women's professionalization in a segregated America.
Linking Bolin's activist leanings and integrationist zeal to her involvement in the NAACP, McLeod analyzes Bolin's involvement at the local level as well as her tenure on the organization's national board of directors. An outspoken critic of the discriminatory practices of New York City's probation department and juvenile placement facilities, Bolin also co-founded, with Eleanor Roosevelt, the Wiltwyck School for boys in upstate New York and campaigned to transform the Domestic Relations Court with her judicial colleagues. McLeod's careful and highly readable account of these accomplishments inscribes Bolin onto the roster of important social reformers and early civil rights trailblazers.
While pursuing a race for district prosecutor in the 1970s, Glasgow had run afoul of the local political machine. The machine later decided to teach Glasgow a lesson even though he’d lost the race. Down and Dirty Down South is Glasgow’s story of how he attempted to clear his name and also track down the people who had set him up for charges of smuggling illegal drugs into the United States.
A gripping exposé of what lawyers face when they defend prisoners in capital cases.
Legal cases are stories, and some of the most compelling-and the most disturbing-are those that take place on death row: the innocent man executed, juveniles and the mentally ill condemned to die, a smoking electric chair, a napping defense attorney, a senile hit man. These are the stories in which Michael Mello, as a capital public defender, played a crucial role, and they are the cases that make up Deathwork, a moment-by-moment, behind-the-scenes look at the life and work of a death row lawyer and his clients.
Part memoir, part legal casebook, Deathwork offers a gritty, often anguishing picture of what Supreme Court Justice Harry Blackmun called the American legal "machinery of death." The stories Mello tells raise questions about legal issues-from prosecutorial misconduct to the racial inequities of sentencing, from the rules of evidence to the rights of the mentally ill-that here take on a life-and-death urgency. They describe in detail how constitutional issues are raised postconviction, and how those issues are adjudicated by the courts and in accordance with bizarre claims of objectivity. And they show, with a painful immediacy and authenticity, what it is like to live and work under an impending death sentence, the adrenaline rush of the stay or unexpected success, the inconsolable sadness upon the execution of the sick, the afflicted, the innocent.As DNA reversals, last-minute confessions, and revelations of corruption are bringing capital punishment to the forefront of public debate nationwide, this firsthand account of the legalities and realities of the death penalty is as relevant as it is enthralling, as edifying as it is impossible to ignore.
Roe was the principal trial lawyer of the Free Speech League—a precursor of the American Civil Liberties Union. His cases involved such activists as Emma Goldman, Lincoln Steffens, Margaret Sanger, Max Eastman, Upton Sinclair, John Reed, and Eugene Debs, as well as the socialist magazine The Masses and the New York City Teachers Union. A friend of Wisconsin's progressive senator Robert La Follette since their law partnership as young men, Roe defended "Fighting Bob" when the Senate tried to expel him for opposing America's entry into World War I.
In articulating and upholding Americans' fundamental right to free expression against charges of obscenity, libel, espionage, sedition, or conspiracy during turbulent times, Roe was rarely successful in the courts. But his battles illuminate the evolution of free speech doctrine and practice in an era when it was under heavy assault. His greatest victory, including the 1917 decision by Judge Learned Hand in The Masses Publishing Co. v. Patten, is still influential today.
Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices.
Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judge-centered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic.
Eskridge also considers how different normative theories of jurisprudence—liberal, legal process, and antiliberal—inform debates about statutory interpretation. He explores what theory of statutory interpretation—if any—is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.
Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
This new edition, with an instructive and timely foreword by Ronald K. L. Collins, challenges anyone interested in the life of the law to think about where it has come from and where it is tending. As such, The Death of Contract still retains its vitality in the brave new world of the law known as contracts. A new bibliography of early reviews and new responses reveals how considerable the interest was, and continues to be, in this modern anti-classic.
Extraordinary in scope and exacting in detail, Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability links alcohol problems, deterrence, and serving practices in a way no other work has been able to do and is certain to become a crucial reference point for researchers and policymakers alike.
In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington.
Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system.
Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.
Allen utilizes historical, philosophical, sociological, and legal sources to trace America's gradual embrace of corporate values. He argues that such values, including winning, efficiency, and profitability actually limit democratic involvement by devaluing discursive principles, creating an informed yet inactive public. Through an examination of professionalization in both the press and the law, corporate free speech rights, and free speech as property, Democracy, Inc. demonstrates that today's democracy is more about trying to control and manage citizens than giving them the freedom to participate. Allen not only calls on institutions to reform the way they understand and promote citizenship but also asks citizens to adopt a new ethic of public discourse that values understanding rather than winning.
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? Litman’s critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect the way people actually behave in their daily digital interactions.
The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.
"This is an important, well-researched book. . . . Burstein has had the courage to break through narrow specializations within sociology . . . and even to address the types of acceptable questions usually associated with three different disciplines (political science, sociology, and economics). . . . This book should be read by all professionals interested in political sociology and social movements."—Donald Tomaskovic-Devey, Social Forces
"Discrimination, Jobs and Politics [is] satisfying because it tells a more complete story . . . than does most sociological research. . . . I find myself returning to it when I'm studying the U.S. women's movement and recommending it to students struggling to do coherent research."—Rachel Rosenfeld, Contemporary Sociology
In our current age of climate change–induced panic, it’s hard to imagine a time when private groups were not actively enforcing environmental protection laws in the courts. It wasn’t until 1972, however, that a David and Goliath–esque Supreme Court showdown involving the Sierra Club and Disney set a revolutionary legal precedent for the era of environmental activism we live in today.
Set against the backdrop of the environmental movement that swept the country in the late 1960s and early 1970s, Dawn at Mineral King Valley tells the surprising story of how the US Forest Service, the Disney company, and the Sierra Club each struggled to adapt to the new, rapidly changing political landscape of environmental consciousness in postwar America. Proposed in 1965 and approved by the federal government in 1969, Disney’s vast development plan would have irreversibly altered the practically untouched Mineral King Valley, a magnificently beautiful alpine area in the Sierra Nevada mountains. At first, the plan met with unanimous approval from elected officials, government administrators, and the press—it seemed inevitable that this expanse of wild natural land would be radically changed and turned over to a private corporation. Then the scrappy Sierra Club forcefully pushed back with a lawsuit that ultimately propelled the modern environmental era by allowing interest groups to bring litigation against environmentally destructive projects.
An expert on environmental law and appellate advocacy, Daniel P. Selmi uses his authoritative narrative voice to recount the complete history of this revolutionary legal battle and the ramifications that continue today, almost 50 years later.
Never in history have 1,322 words held out such extraordinary determination to be free as those found in the Declaration of Independence. In 1787, "We the people" were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. In 1791, the first ten Amendments to the Constitution of the United States of America, known to us as the Bill of Rights introduced the world to the concept of those singular rights that ought to belong to every free individual.
In one compact volume, the full texts of both the Declaration of Independence and the Constitution of the United States of America with all ratified twenty-seven Amendments to the Constitution are side by side—along with another of America's seminal documents, Thomas Jefferson's Virginia Statute for Religious Freedom, an additional world-changing statement that codified for the first time that one cannot be required by law to support or prefer any belief or be punished for those one does profess—and the basis for what we have come to know as the "wall of separation" between church and state.
Who we are and what we are free to be as citizens of the United States of America is contained between these covers. Cass R. Sunstein prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life. Enhanced by an index and suggestions for further reading, this volume, small in size but overwhelming in the impact of its contents, belongs in the home of every citizen of the United States.
Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.
Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?
Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.
Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.”
Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Duke University of Press Scholars of Color First Book Award Recipient
The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.
We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times.
Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian "removals," the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become "true" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden.
By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world.
Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate.
The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity.
Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.
Doing the Right Thing examines the use of extraordinary legislative procedures in four cases in the U.S. Congress to accomplish policy objectives that many political scientists would argue are impossible to achieve. It not only shows that Congress is capable of imposing parochial costs in favor of general benefits but it argues that Congress is able to do so in a variety of policy areas through the use of very different kinds of procedural mechanisms that are underappreciated.
The book opens by developing a theory of procedural choice to explain why Congress chooses to delegate in differing degrees in dealing with similar kinds of policy problems. The theory is then applied to four narrative case studies—military base closures, the Yucca Mountain Project, NAFTA, and the Tax Reform Act of 1986—that both show the variety of factors that impact procedural choice and highlight how our national legislature was able to “do the right thing.”
The book concludes by pointing to the variety of ways in which Congress will be confronted with similar policy problems in the coming years and offering some lessons from these cases about what kinds of procedures and policy outcomes we might expect. In short, Congress is remarkably adept at “doing the right thing,” even under difficult circumstances, but only when legislators are willing to manipulate procedures in all the necessary ways.
Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks.
The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers—as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
This is the first biography of David J. Brewer, an Associate Justice of the United States Supreme Court from 1889 to 1910.
Prior to rising to the nation’s highest tribunal, Brewer served as a county probate judge, a state district judge, a Kansas State Supreme Court justice, and a federal circuit court judge. He was known not only for his long tenure on the Supreme Court but also for his numerous off-the-bench statements as an orator and writer.
Many of Brewer’s judicial opinions and nonjudicial utterances created controversy, particularly when he confronted the reform issues of his day. The court, then presided over by Chief Justice Melville W. Fuller, has been seen as reactionary, determined to infuse the law with social Darwinism and laissez-faire ideology. Yet, contrary to this assessment of the Fuller Court as a whole, Brewer accepted most of his generation’s reform goals. He championed many forms of social legislation, the regulation of business, the rights of women and minorities, the support of charities, educational reform, and world peace.
Michael J. Brodhead contends that until recently historians have carelessly and inaccurately created a false image of Brewer, partly by citing a small sample of his opinions and public statements as representative of his alleged conservatism. They have also assumed that the disputable decisions of Brewer and his contemporaries were based on ideological predilections and that precedent and recognized legal principles played no role.
During his term, Brewer was the author of such notable court opinions as In re Debs, Muller v. Oregon, and Kansas v. Colorado. He supported property rights, admired honest entrepreneurial activity, and opposed the concentration of power in any form. Brewer favored the individual in all instances, whether that individual was the initiator of a great economic enterprise or a farmer struggling to extend agriculture into the western plains.
Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it.
The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner’s analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering.
Law schools, he points out, have great potential to promote much-needed improvements in the judiciary, but doing so will require significant changes in curriculum, hiring policy, and methods of educating future judges. If law schools start to focus more on practical problems facing the American legal system rather than on debating its theoretical failures, the gulf separating the academy and the judiciary will narrow.
In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders.
Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders.
The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation.
This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.
The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period “insanity” existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised.
The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings.
Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one’s actions does not map neatly onto the mental health professions’ understandings of mental illness and how that affects an individual’s ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury—or a public, for that matter—that a defendant is or is not responsible for his or her actions at a particular moment in time.
Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts—for example, newspaper articles and editorials—showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy.
In A Drunkard's Defense, Michele Rotunda examines a variety of court cases to explore the attitudes of nineteenth-century physicians, legal professionals, temperance advocates, and ordinary Americans toward the relationship between drunkenness, violence, and responsibility, providing broader insights into the country's complicated relationship with alcohol.
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