A SCHOLARLY BOOK REPOSITORY
Amid the turbulent swirl of foreign intrigue, external and internal threats to the young nation’s existence, and the domestic partisan wrangling of the 1790s, the United States Congress solidified its role as the national legislature. The ten essays in The House and Senate in the 1790s demonstrate the mechanisms by which this bicameral legislature developed its institutional identity. The first essay sets the scene for the institutional development of Congress by examining its constitutional origins and the efforts of the Founders to empower the new national legislature. The five following essays focus on two related mechanisms—petitioning and lobbying—by which citizens and private interests communicated with national lawmakers.
Although scholars tend to see lobbying as a later nineteenth-century development, the papers presented here clearly demonstrate the existence of lobbyists and lobbying in the 1790s. The final four papers examine other aspects of the institutional development of the House and the Senate, including the evolution of political parties and congressional leadership.
The essays in this collection, the third volume in the series Perspectives on the History of Congress, 1789-1801, originated in a series of conferences held by the United States Capitol Historical Society from 1994 to 2001.
Richard Fenno first coined the term home style to describe the ways in which members of Congress cultivate the voters of their home constituencies. He suggested that incumbents were paying more attention to their constituents than they had in the past. In this book, Glenn Parker examines the relationship between activities at home and in Washington, asking specifically: Why and when did congressmen and senators begin to pay more attention to their constituents? And what are the institutional consequences of this change?
Using data drawn from the travel vouchers filed by incumbent senators and congressmen between 1959 and 1980, Parker shows that since the mid-1960s incumbents have been placing greater emphasis on service to their state or district. Congress has facilitated this change in various ways, such as by increasing travel allowances and by scheduling that minimizes the conflict between legislative business in Washington and time spent with constituents.
Parker's study includes both the Senate and House, and he draws distinctions between the home-style behaviors of senators and representatives. He also provides a historical context for understanding the dynamics of changes in home style. The time-series data generate explanations that specify relationships among historical conditions, individual behavior, and institutional structures.
With How the States Shaped the Nation, Melanie Jean Springer places contemporary reforms in historical context and systematically explores how state electoral institutions have been instrumental in shaping voting behavior throughout the twentieth century. Although reformers often assume that more convenient voting procedures will produce equivalent effects wherever they are implemented, Springer reveals that this is not the case. In fact, convenience-voting methods have had almost no effect in the southern states where turnout rates are lowest. In contrast, the adverse effects associated with restrictive institutions like poll taxes and literacy tests have been persistent and dramatic. Ultimately, Springer argues, no single institutional fix will uniformly resolve problems of low or unequal participation. If we want to reliably increase national voter turnout rates, we must explore how states’ voting histories differ and better understand the role of political and geographical context in shaping institutional effects.
Horses in Midstream breaks the mold of midterm election literature by focusing on the consequences of midterm elections rather than on the causes of the anti-administration pattern of those elections. The book concludes that the midterm pattern has two primary consequences: it stymies the President and provides an opportunity for the revitalization of the opposition party—and that numerical losses by the President's party is really only a small part of the equation. Consequently, midterm elections can be considered an additional check in the U.S. political system, acting as a mechanism that helps to assure rough two party balance.
In examining the historical results from midterm elections dating back to 1894 and extending to the surprising result of 1994 and 1998, Busch has uncovered seven consistent ways in which the president and his party are harmed by midterm elections. These elections unfavorably alter the composition of congress, both between the parties and within the President's own party; they deprive the President of the plebiscitary power derived from his original electoral mandate; they give an intangible sense of momentum to the opposition party, leading to renewed opportunities for the opposition to put forward new leaders and to develop winning issues; they exacerbate splits within the President's own party; and they provide the opposition party with expanded party-building opportunities at the state level. Busch also places the midterm elections into four categories: "preparatory" midterms, which contribute to a subsequent change in party control of the Presidency; "calibrating" midterms in which voters slow but do not reverse extraordinary periods of Presidentially-driven change; "normal" midterms when midterm elections stymie the President without contributing to a White House takeover; and the rare "creative exceptions" when an administration escapes the midterm curse at the polls and find themselves invigorated rather than weakened. Busch's new approach to midterm elections, his well supported conclusions, and his clear, consistent style will certainly be of interest to political scientists and will translate well to the classroom.
The idea of voting is simple, but the administration of elections in ways that ensure access and integrity is complex.
In How We Vote, Kathleen Hale and Mitchell Brown explore what is at the heart of our democracy: how elections are run. Election administration determines how ballots are cast and counted, and how jurisdictions try to innovate while also protecting the security of the voting process, as well as how election officials work.
Election officials must work in a difficult intergovernmental environment of constant change and intense partisanship. Voting practices and funding vary from state to state, and multiple government agencies, the judicial system, voting equipment vendors, nonprofit groups, and citizen activists also influence practices and limit change. Despite real challenges and pessimistic media assessments, Hale and Brown demonstrate that election officials are largely successful in their work to facilitate, protect, and evolve the voting process.
Using original data gathered from state and local election officials and policymakers across the United States, Hale and Brown analyze innovations in voter registration, voting options, voter convenience, support for voting in languages other than English, the integrity of the voting process, and voting system technology. The result is a fascinating picture of how we vote now and will vote in the future.
In How the Tea Party Captured the GOP, Rachel Marie Blum approaches the Tea Party from the angle of party politics, explaining the Tea Party’s insurgent strategies as those of a party faction. Blum offers a novel theory of factions as miniature parties within parties, discussing how fringe groups can use factions to increase their political influence in the US two-party system. In this richly researched book, the author uncovers how the electoral losses of 2008 sparked disgruntled Republicans to form the Tea Party faction, and the strategies the Tea Party used to wage a systematic takeover of the Republican Party. This book not only illuminates how the Tea Party achieved its influence, but also provides a framework for identifying other factional insurgencies.
In a state assumed to have a constitutionally weak governor, the Speaker of the Texas House wields enormous power, with the ability to almost single-handedly dictate the legislative agenda. The House Will Come to Order charts the evolution of the Speaker's role from a relatively obscure office to one of the most powerful in the state. This fascinating account, drawn from the Briscoe Center's oral history project on the former Speakers, is the story of transition, modernization, and power struggles.
Weaving a compelling story of scandal, service, and opportunity, Patrick Cox and Michael Phillips describe the divisions within the traditional Democratic Party, the ascendance of Republicans, and how Texas business, agriculture, and media shaped perceptions of officeholders. While the governor and lieutenant governor wielded their power, the authors show how the modern Texas House Speaker built an office of equal power as the state became more complex and diverse. The authors also explore how race, class, and gender affected this transition as they explain the importance of the office in Texas and the impact the state's Speakers have had on national politics.
At the apex of its power, the Texas House Speaker's role at last receives the critical consideration it deserves.
This book starts by helping new lobbyists to think politically, by explaining the structure and operation of state government, the psychology and needs of public officials, and where the power lies in Juneau—who’s got political clout. How to Lobby then moves into the nitty-gritty of a lobbying campaign. It covers the basics of group influence, campaign planning and management, the pros and cons of various group tactics, tips on face-to-face meetings, and the challenges of lobbying day-to-day. In addition to extensive guidance on what to do, this book also emphasizes the things to avoid that will undermine or eliminate a lobbyist’s chances of success. Pragmatic and portable, this book will be valuable to new and professional lobbyists both, and anyone looking for fresh perspectives on this important business.
An all-star cast of scholars and politicians from Europe and America propose and debate the creation of a new European parliament with substantial budgetary and legislative power to solve the crisis of governance in the Eurozone and promote social and fiscal justice and public investment.
The European Union is struggling. The rise of Euroskeptic parties in member states, economic distress in the south, the migrant crisis, and Brexit top the news. But deeper structural problems may be a greater long-term peril. Not least is the economic management of the Eurozone, the nineteen countries that use the Euro. How can this be accomplished in a way generally acceptable to members, given a political system whose structures are routinely decried for a lack of democratic accountability? How can the EU promote fiscal and social justice while initiating the long-term public investments that Europe needs to overcome stagnation? These are the problems a distinguished group of European and American scholars set out to solve in this short but valuable book.
Among many longstanding grievances is the charge that Eurozone policies serve large and wealthy countries at the expense of poorer nations. It is also unclear who decides economic policy, how the interests of diverse member states are balanced, and to whom the decision-makers are accountable. The four lead authors—Stéphanie Hennette, Thomas Piketty, Guillaume Sacriste, and Antoine Vauchez—describe these and other problems, and respond with a draft treaty establishing a parliament for economic policy, its members drawn from national parliaments. We then hear from invited critics, who express support, objections, or alternative ideas.
How to Democratize Europe offers a chance to observe how major thinkers view some of the Continent’s most pressing issues and attempt to connect democratic reform with concrete changes in economic and social policies.
This is a new and thorough revision of a recognized classic whose first edition was hailed as the most authoritative account in English of the governing of the Soviet Union. Now, with historical material rearranged in chronological order, and with seven new chapters covering most of the last fifteen years, this edition brings the Soviet Union fully into the light of modern history and political science.
The purposes of Fainsod's earlier editions were threefold: to explain the techniques used by the Bolsheviks and Stalin to gain control of the Russian political system; to describe the methods they employed to maintain command; and to speculate upon the likelihood oftheir continued control in the future. This new edition increases very substantially the attention paid to another aspect of the political process—how policy is formed, how the Soviet Union is governed. Whenever possible, Mr. Hough attempts to analyze the alignments and interrelationships between Soviet policy institutions. Moreover, he constantly moves beyond a description of these institutions to probe the way they work. Two chapters are devoted to the questions of individual political participation. Other chapters examine the internal organization of institutions and explore the ways in which the backgrounds of their officials influence their policy positions and alliances. The picture that emerges is an unprecedented account of the distribution of power in the Soviet Union.
But the policy and political conundrums that Singapore faces today are complex and defy easy answers. Confronted with a political landscape that is likely to become more contested, how should the government respond? What reforms should it pursue? This collection of essays suggests that a far-reaching and radical rethinking of the country's policies and institutions is necessary, even if it weakens the very consensus that enabled Singapore to succeed in its first fifty years.
This narrative history of the PAP follows the story through decisions made by party leaders as they sought to respond to the changing demands and expectations of the Singapore electorate over a thirty-year period that saw Singapore enter the ranks of developed nations. The focus is on change in four dimensions: in the communications methods and styles the party adopted, the mechanisms it developed for managing institutional change, the sometimes vexed question of party renewal, and the evolution of economic and social policy. Drawing on internal party documents and multiple interviews with key leaders over the course of a decade, this book provides a detailed portrait of a robust political institution and establishes a distinctive new narrative of Singapore politics.
Despite the controversial reputation of Hizbullah in the West, and the significant role this powerful Islamist organization plays in Lebanese politics, there are few reliable, published English translations of the party’s primary documents. With this extensive work, Joseph Alagha seeks to remedy this problem and rectify the distortions and misrepresentations that have resulted from inaccurate translations.
Through privileged access to the party, Alagha was able to compile and meticulously translate a host of original primary documents, from the party’s 1985 Open Letter; through its eight clandestine conclaves from 1989 to 2009; to all of its election programs from 1992 to 2010, as well as all of the agreements, understandings, and pacts the party has ratified over the years; ending with the 2009 Political Manifesto. This firsthand portrait of Hizbullah’s metamorphosis, especially in the past decade, is complete with thorough footnotes, commentary, background information, chronology, and a detailed introductory chapter that maps the party’s transformation by analytically comparing the Open Letter with the 2009 Manifesto. This volume will be an invaluable companion for both scholars and policy makers.
As the dominant political force in Lebanon and one of the most powerful post-Islamist organizations in the world, Hizbullah is a source of great controversy and uncertainty in the West. Despite the significant attention paid to this group by the media, the details of Hizbullah’s evolution have frequently confounded politicians—and even scholars. In this important study, Joseph Alagha, a scholar with unprecedented access to the organization, exhaustively and objectively analyzes Hizbullah’s historical evolution and offers a revolutionary new perspective on the political phenomenon of the organization.
For thirty years, Hezbollah has played a pivotal role in Lebanese and global politics. That visibility has invited Hezbollah’s lionization and vilification by outside observers, and at the same time has prevented a clear-eyed view of Hezbollah’s place in the history of the Middle East and its future course of action. Dominique Avon and Anaïs-Trissa Khatchadourian provide here a nonpartisan account which offers insights into Hezbollah that Western media have missed or misunderstood.
Now part of the Lebanese government, Hezbollah nevertheless remains in tension with both the transnational Shiite community and a religiously diverse Lebanon. Calling for an Islamic regime would risk losing critical allies at home, but at the same time Hezbollah’s leaders cannot say that a liberal regime is the solution for the future. Consequently, they use the ambiguous expression “civil but believer state.”
What happens when an organization founded as a voice of “revolution” and then “resistance” occupies a position of power, yet witnesses the collapse of its close ally, Syria? How will Hezbollah’s voice evolve as the party struggles to reconcile its regional obligations with its religious beliefs? The authors’ analyses of these key questions—buttressed by their clear English translations of foundational documents, including Hezbollah’s open letter of 1985 and its 2009 charter, and an in-depth glossary of key theological and political terms used by the party’s leaders—make Hezbollah an invaluable resource for all readers interested in the future of this volatile force.
Hezbollah: The Global Footprint of Lebanon's Party of God is the first thorough examination of Hezbollah’s covert activities beyond Lebanon’s borders, including its financial and logistical support networks and its criminal and terrorist operations worldwide.
Hezbollah—Lebanon’s "Party of God"—is a multifaceted organization: It is a powerful political party in Lebanon, a Shia Islam religious and social movement, Lebanon’s largest militia, a close ally of Iran, and a terrorist organization. Drawing on a wide range of sources, including recently declassified government documents, court records, and personal interviews with intelligence and law enforcement officials around the world, Matthew Levitt examines Hezbollah’s beginnings, its first violent forays in Lebanon, and then its terrorist activities and criminal enterprises abroad in Europe, the Middle East, South America, Southeast Asia, Africa, and finally in North America. Levitt also describes Hezbollah’s unit dedicated to supporting Palestinian militant groups and Hezbollah’s involvement in training and supporting insurgents who fought US troops in post-Saddam Iraq. The book concludes with a look at Hezbollah’s integral, ongoing role in Iran’s shadow war with Israel and the West, including plots targeting civilians around the world.
Levitt shows convincingly that Hezbollah’s willingness to use violence at home and abroad, its global reach, and its proxy-patron relationship with the Iranian regime should be of serious concern. Hezbollah is an important book for scholars, policymakers, students, and the general public interested in international security, terrorism, international criminal organizations, and Middle East studies.
"Hezbollah is perhaps the world's most capable group. Terrorism expert Matthew Levitt offers a comprehensive and fascinating assessment of Hezbollah's network outside the Lebanese theater, exposing its operations and fundraising apparatus in Asia, Latin America, Europe, and even the United States." -- Daniel Byman, professor, Center for Security Studies, Georgetown University
"Matthew Levitt is a recognized authority on Hezbollah and its activities, both in the Levant and globally.... Hezbollah: The Global Footprint of Lebanon's Party of God fills a vital gap in understanding the international dimensions of Hezbollah, its reach, and its capacities for terrorism worldwide." -- Charles Allen, former assistant director of the central intelligence for collection, CIA
"Matthew Levitt has made a significant contribution to public understanding of Hezbollah's worldwide operations. He has shone a bright light into some of the darkest corners of the group's activities overseas." -- Richard Barrett, former head of MI6/SIS/British Intelligence's Counter Terrorism Department and coordinator of the United Nations Al-Qaeda-Taliban Monitoring Team
"This book tells the sinister story of a highly sophisticated organization that for more than thirty years has been an archetype of world-wide illicit activities. Hezbollah effectively combines its overt social and political activities with covert criminal and terrorist operations on a global scale. Matthew Levitt's painstaking collection of a rich array of data provides uncomfortable evidence of ' The Global Footprint of Lebanon's Party of God'. This book is essential reading for policy-makers and the international intelligence community." -- Uri Rosenthal, Former Minister of Foreign Affairs, the Netherlands
"In Hezbollah: The Global Footprint of Lebanon's Party of God, Matthew Levitt, through adept storytelling and impressive attention to historical detail, manages to teach even long-time students of the Middle East a great deal about Hezbollah. The book leaves little doubt as to the increasing importance, danger, and international reach of Hezbollah. It will be an important resource for serious scholars of the Middle East and a great read for anyone interested in better understanding the region." -- Andy Liepman, Senior Policy Analyst, RAND Corporation; former Principal Deputy Director, National Counterterrorism Center
"This book on Lebanese Hezbollah is a unique incisive insight into its global terror tentacles around the globe. Noone has catalogued these terrorist connections and plots in such forensic detail as Matthew Levitt, especially how the terror nexus between Hezbollah and Iran has continually evolved. It systematically lays bare Hezbollah's operational capability and its multiple intersections with Iranian intelligence architecture. This should be required reading for every intelligence analyst and terrorism researcher." -- Magnus Ranstrop, research director, Centre for Asymmetric Threat Studies at the Swedish National Defence College
"Matthew Levitt's book touches a key point of the growing debate on Hezbollah: the European approach to the phenomenon. It is a reminder for us Europeans that there are threats that might seem distant geographically, but could nevertheless have a strong impact politically on the continent as well." -- Franco Frattini, Justice and Chamber President of the Italian Conseil d'Etat (Supreme Administrative Court); President of the Italian Society for International Organization (SIOI); former Italian Foreign Minister (2002-2004 and 2008-2011)
"Richard Armitage, then Deputy Secretary of State, once described Hezbollah as the 'A team' of international terror. In his extraordinary new book, Matthew Levitt explains why Hezbollah is seen as such a global threat. Levitt paints a compelling picture of Hezbollah's terror activities not just in the Middle East but throughout Europe, Asia, Africa, and North and South America. While Western intelligence and law enforcement agencies have tracked and disrupted Hezbollah's global activities for years, this highly unsettling story has been largely unknown to wider publics. Thanks to Levitt's meticulous and well-written book that should no longer be the case." -- Ambassador Dennis Ross, counselor at the Washington Institute; former special assistant to President Obama and senior director for the Central Region at the National Security Council
"Matthew Levitt has laid out a timely and relevant history of Hezbollah, a global terrorist organization often referred to as the 'A Team' of terror. This book comes at the right time as Hezbollah continues its decades-long war against the United States, Israel, and our allies around the globe while it attempts to consolidate political power in Lebanon -- on its behalf and for the Iranian regime." -- Juan Zarate, former Deputy National Security Advisor for Combatting Terrorism and author of the forthcoming book, Treasury's War
This beginner's guide to Hamas has been fully revised and updated. It now covers all the major events since the January 2006 elections, including the conflict with Fatah and Israel's brutal offensive in Gaza at the end of 2008.
Explaining the reasons for Hamas's popularity, leading Al-Jazeera journalist and Cambridge academic Khaled Hroub provides the key facts that are so often missing from conventional news reports. It's a one-stop guide that gives a clear overview of Hamas's history, key beliefs, and its political agenda.
This unique book provides a refreshing perspective that gets to the heart of Hamas.
Just as investors want the companies they hold equity in to do well, homeowners have a financial interest in the success of their communities. If neighborhood schools are good, if property taxes and crime rates are low, then the value of the homeowner’s principal asset—his home—will rise. Thus, as William Fischel shows, homeowners become watchful citizens of local government, not merely to improve their quality of life, but also to counteract the risk to their largest asset, a risk that cannot be diversified. Meanwhile, their vigilance promotes a municipal governance that provides services more efficiently than do the state or national government.
Fischel has coined the portmanteau word “homevoter” to crystallize the connection between homeownership and political involvement. The link neatly explains several vexing puzzles, such as why displacement of local taxation by state funds reduces school quality and why local governments are more likely to be efficient providers of environmental amenities. The Homevoter Hypothesis thereby makes a strong case for decentralization of the fiscal and regulatory functions of government.
The gripping story behind Paul Wellstone’s progressive legacy
Before he was a senator, before he was a nationally known advocate for the disenfranchised and a tireless supporter of public policies to alleviate poverty, Paul Wellstone devoted his time and legendary energy to grassroots organizing. How the Rural Poor Got Power describes Wellstone’s experiences as a political activist in rural Minnesota. Working with senior citizens, struggling farmers, and single mothers, Wellstone created a coalition to address transportation, access to health care, and welfare benefits issues. This narrative features interviews with citizens and shows Wellstone observing and participating in the ideals to which he devoted his life: helping poor people gain a political voice.
Contributors. Victor Agadjanian, Boaventura Cau, José Miguel Cruz, Susan Eva Eckstein, Kyle Eischen, David Scott FitzGerald, Natasha Iskander, Riva Kastoryano, Cecilia Menjívar, Adil Najam, Rhacel Salazar Parreñas, Alejandro Portes, Min Ye
The major humanitarian crises of recent years are well known: the Shoah, the killing fields of Cambodia, the Rwandan genocide, the massacre in Bosnia, and the tsunami in Southeast Asia, as well as the bloody conflicts in South Sudan, Syria, and Afghanistan. Millions have been killed and many millions more have been driven from their homes; the number of refugees and internally displaced persons has reached record levels. Could these crises have been prevented? Why do they continue to happen? This book seeks to understand how humanity itself is in crisis, and what we can do about it.
Hollenbach draws on the values that have shaped major humanitarian initiatives over the past century and a half, such as the commitments of the International Committee of the Red Cross, Oxfam, Doctors Without Borders, as well as the values of diverse religious traditions, including Catholicism, to examine the scope of our responsibilities and practical solutions to these global crises. He also explores the economic and political causes of these tragedies, and uncovers key moral issues for both policy-makers and for practitioners working in humanitarian agencies and faith communities.
Cafaro roots his argument in human rights, equality, economic security, and environmental sustainability—hallmark progressive values. He shows us the undeniable realities of mass migration to which we have turned a blind eye: how flooded labor markets in sectors such as meatpacking and construction have driven down workers’ wages and driven up inequality; how excessive immigration has fostered unsafe working conditions and political disempowerment; how it has stalled our economic maturity by keeping us ever-focused on increasing consumption and growth; and how it has caused our cities and suburbs to sprawl far and wide, destroying natural habitats, driving other species from the landscape, and cutting us off from nature.
In response to these hard-hitting truths, Cafaro lays out a comprehensive plan for immigration reform that is squarely in line with progressive political goals. He suggests that we shift enforcement efforts away from border control and toward the employers who knowingly hire illegal workers. He proposes aid and foreign policies that will help people create better lives where they are. And indeed he supports amnesty for those who have, at tremendous risk, already built their lives here. Above all, Cafaro attacks our obsession with endless material growth, offering in its place a mature vision of America, not brimming but balanced, where all the different people who constitute this great nation of immigrants can live sustainably and well, sheltered by a prudence currently in short supply in American politics.
Half a million Hong Kong residents fled their homeland during the thirteen years before Hong Kong's reversion to China in 1997. Nearly half of those returned within the next several years. Filled with detailed, first-hand stories of nine Hong Kong families over nearly two decades, Hong Kong Movers and Stayers is a multifaceted yet intimate look at the forces behind Hong Kong families' successful, and failed, efforts at migration and settlement.
Defining migration as a process, not a single act of leaving, Hong Kong Movers and Stayers provides an antidote to ethnocentric and simplistic theories by uncovering migration stories as they relate to social structures and social capital. The authors meld survey analysis, personal biography, and sociology and compare multiple families in order to give voice to the interplay of gender, age, and diverse family roles as motivating factors in migration.
In A History of Diplomacy, historian Jeremy Black investigates how a form of courtly negotiation and information-gathering in the early modern period developed through increasing globalization into a world-shaping force in twenty-first-century politics. The monarchic systems of the sixteenth century gave way to the colonial development of European nations—which in turn were shaken by the revolutions of the eighteenth century—the rise and progression of multiple global interests led to the establishment of the modern-day international embassy system. In this detailed and engaging study of the ever-changing role of international relations, the aims, achievements, and failures of foreign diplomacy are presented along with their complete historical and cultural background.
The proliferation of “minilateral” summits is reshaping how international security problems are addressed, yet these summits remain a poorly understood phenomenon. In this groundbreaking work, Kjell Engelbrekt contrasts the most important minilateral summits—the G7 (formerly G8) and G20—with the older and more formal UN Security Council to assess where the diplomacy of international security is taking place and whether these institutions complement or compete with each other.
Engelbrekt’s research in primary-source documents of the G7, G8, G20, and UN Security Council provides unique insight into how these institutions deliberate on three policy areas: conflict management, counterterrorism cooperation, and climate change mitigation. Relatively informal and flexible, GX diplomacy invites more countries to take a seat at the table and allows nontraditional security threats to be placed on the agenda. Engelbrekt concludes, however, that there is a continuing need for institutions like the UN to address traditional security problems.
High-Table Diplomacy will provoke discussion and further research on the role of minilateral summits among scholars of international relations, security studies, and international organizations.
An international group of contributors considers how and why a variety of foreigners act strategically to avoid, delay, or change American policy with respect to a broad range of issues in world affairs. Individual chapters analyze the Kurds and Shia in Iraq; the governments of China, Japan, Turkey, and Germany; the G-7; liberalizing the international economy; coping with global warming; regulating harmful tax competition; controlling missile proliferation; limiting public health damage from tobacco; and international public opinion bearing on the politics of responding to a hegemonic America.
By recognizing and illustrating moves that challenge American unilateralism, Hegemony Constrained provides a framework for understanding and anticipating the goals, motives, and means others in the world bring to their dealings with American hegemony in specific situations. Thus, it offers a corrective to naively optimistic unilateralism and naively optimistic multilateralism.
How a Century of War Changed the Lives of Women looks at the remarkable impact of war on women in Britain. It shows how conflict has changed women’s lives and how those changes have put women at the centre of peace campaigning.
Lindsey German, one of the UK's leading anti-war activists and commentators, shows how women have played a central role in anti-war and peace movements, including the recent wars in Afghanistan and Iraq. The women themselves talk about how they overcame prejudice and difficulty to become active. The book integrates this experience with a historical overview, analysing the two world wars as catalysts of social change for women. It looks at how the changing nature of war, especially the involvement of civilians, increasingly involves significant numbers of women.
As well as providing an inspiring account of women's opposition to war, the book also tackles key contemporary developments, challenging negative assumptions about Muslim women and showing how anti-war movements are feeding into a broader desire to change society.
Hanoi Jane, the book, deconstructs Hanoi Jane, the myth, to locate its origins in the need of Americans to explain defeat in Vietnam through fantasies of home-front betrayal and the emasculation of the national will-to-war. Lembcke shows that the expression "Hanoi Jane" did not reach the eyes and ears of most Americans until five or six years after the end of the war in Vietnam. By then, anxieties about America's declining global status and deteriorating economy were fueling a populist reaction that pointed to the loss of the war as the taproot of those problems. Blaming the antiwar movement for undermining the military's resolve, many found in the imaginary Hanoi Jane the personification of their stab-in-the- back theories.
Ground zero of the myth was the city of Hanoi itself, which Jane Fonda had visited as a peace activist in July 1972. Rumors surrounding Fonda's visits with U.S. POWs and radio broadcasts to troops combined to conjure allegations of treason that had cost American lives. That such tales were more imagined than real did not prevent them from insinuating themselves into public memory, where they have continued to infect American politics and culture.
Hanoi Jane is a book about the making of Hanoi Jane by those who saw a formidable threat in the Jane Fonda who supported soldiers and veterans opposed to the war they fought, in the postcolonial struggle of the Vietnamese people to make their own future, and in the movements of women everywhere for gender equality.
These essays show how law is relevant in both an "instrumental" and a "constitutive" sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Not since the works of Lovejoy and Burt has a scholar attempted such a grand-scale inquiry into the idea of law as the vehicle of culture and social and moral thought. Donald Kelley's major premise is that law and the theory and practice of jurisprudence—civil science—represent the most concrete efforts to find a human measure, a systematic practical philosophy broader than political theory, that will allow us to understand, and perhaps control, the human social condition.
This masterful inquiry into the Western legal tradition, its formation, reformation, and transformation over two thousand years, traces the social and cultural thought of jurists and legal philosophers from Greek roots and Roman foundations to the nineteenth and twentieth centuries. Kelley examines the revival of civil science in the Middle Ages, its extension in terms of the natural cultures of modern Europe, its conflicts with European customs, and its philosophical reformulation as modern natural law. He illuminates the role of civil science in the debates over legal codes, its investigation and rehabilitation by the nineteenth-century historical school, and finally its rivalry with and relationship to the modern sciences of society and culture.
Kelley successfully broadens the perspective of political theory to encompass social and cultural dimensions and, in doing so, opens up a new intellectual continent for scholars and students of history, philosophy, and law. This is a work of unparalleled scholarship by one of the most original historians writing today.
Drawing on new research in psychology, neuroscience, and economics, the authors of Happiness and the Law assess how the law affects people’s quality of life—and how it can do so in a better way. Taking readers through some of the common questions about and objections to the use of happiness research in law and policy, they consider two areas in depth: criminal punishment and civil lawsuits. More broadly, the book proposes a comprehensive approach to assessing human welfare—well-being analysis—that is a valuable alternative to the strictly economically based cost-benefit analyses currently dominating how we evaluate public policy. The study of happiness is the next step in the evolution from traditional economic analysis of the law to a behavioral approach. Happiness and the Law will serve as the definitive, yet accessible, guide to understanding this new paradigm.
Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.
Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
This book is a study of the historical record of Muslim women’s property rights and equity. Based on Islamic court documents of fifteenth-century Granada—documents that show a high degree of women’s involvement—the book examines women’s legal entitlements to acquire property as well as the social and economic significance of these rights to Granada’s female population and, by extension, to women in other Islamic societies.
The microhistory of women’s property rights is placed in a comparative historical, social, and economic context and is examined using a theoretical framework that suggests how this book’s conclusions might coexist with the Islamic feminist discourse on the law as a patriarchal system, serving to highlight both the uniqueness and the limitations of the Islamic case. The specifics presented in the case studies reveal the broader structures, constructs, rules, conditions, factors, and paradigms that shaped women’s property rights under Islamic law. They show that women’s property rights were more than just part of a legal system; they were the product of a legal philosophy and a pervasive paradigm that made property ownership a normal construct of the Muslim woman’s legal persona and a norm of her existence.
Widely recognized as the single most important source for the history of the church in early medieval Ireland, the Hibernensis is also our best index for knowing what books were available in Ireland at the time of its compilation: it consists of excerpted material from the Bible, Church Fathers and doctors, hagiography, church histories, chronicles, wisdom texts, and insular normative material unattested elsewhere. This in addition to the staple sources of canonical collections, comprising the acta of church councils and papal letters. Altogether there are forty-two cited authors and 135 cited texts. But unlike previous canonical collections, the contents of the Hibernensis are not simply derivative: they have been modified and systematically organised, offering an important insight into the manner in which contemporary clerical scholars attempted to define, interpret, and codify law for the use of a growing Christian society.
Widely recognized as the single most important source for the history of the church in early medieval Ireland, the Hibernensis is also our best index for knowing what books were available in Ireland at the time of its compilation: it consists of excerpted material from the Bible, Church Fathers and doctors, hagiography, church histories, chronicles, wisdom texts, and insular normative material unattested elsewhere. This in addition to the staple sources of canonical collections, comprising the acta of church councils and papal letters. Altogether there are forty-two cited authors and 135 cited texts. But unlike previous canonical collections, the contents of the Hibernensis are not simply derivative: they have been modified and systematically organised, offering an important insight into the manner in which contemporary clerical scholars attempted to define, interpret, and codify law for the use of a growing Christian society.
This book provides the point of departure for anyone wishing to study Huguccio first-hand. It will be worthy reading for students of medieval canon law and an essential addition to all libraries supporting research in medieval studies.
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world’s most revered legal device.
In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king’s subjects. The key was not the prisoner’s “right” to “liberty”—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ’s history and of English law.
Halliday’s work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
By the early 1960s, Jimmy Hoffa had a stranglehold on the presidency of the Teamsters Union. However, his nemesis, Attorney General Robert F. Kennedy, was convinced that Hoffa was a corrupt force whose heavy-handed influence over the union threatened the nation. As Attorney General, Kennedy established a “Get Hoffa Squad” that set out to unearth criminal wrongdoing by the labor leader in order to remove him from power. A number of criminal trials in the 1950s and early 1960s resulted in not-guilty verdicts for Hoffa. Matters would finally come to head in Chattanooga, Tennessee, in a climatic, but often overlooked, historical moment chronicled by Maury Nicely in this engrossing book.
After a Christmastime 1962 acquittal in Nashville of charges that Hoffa had illegally received funds from a trucking company in exchange for settling a costly strike, it was discovered that several attempts had been made to bribe jurors. Fresh charges of jury tampering in that case were quickly filed against Hoffa and five others. Moved to Chattanooga, the new trial was held before a young, relatively untested federal judge named Frank Wilson. The six-week courtroom conflict would devolve into a virtual slugfest in which the defense team felt was necessary to turn its ire against Wilson, hoping to provoke an error and cause a mistrial. As Nicely shows in vivid detail, Hoffa’s Chattanooga trial became the story of a lone, embattled judge struggling mightily to control a legal proceeding that teetered on the edge of bedlam, threatening to spin out of control. In the end, Hoffa was convicted-an extraordinary change of fortune that presaged his downfall and mysterious disappearance a decade later.
In examining how justice prevailed in the face of a battering assault on the judicial system, Hoffa in Tennessee demonstrates how a Chattanooga courtroom became a crucial tipping point in Jimmy Hoffa’s career, the beginning of the end for a man long perceived as indomitable.
More than two decades after serving as a juror on the high-profile seven-month murder trial People v. Erik Galen Menendez, Hazel Thornton updates her book Hung Jury with a new preface and a postscript essay of observations about the Menendez brothers’ second trial. Includes psychological commentary by Lawrence S. Wrightsman and Amy J. Posey, and legal commentary by Alan Scheflin.
Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor’s cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound’s release from St. Elizabeths Hospital. Drawing on MacLeish’s story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
In 1982, the United States Supreme Court ruled that Amy Rowley, a deaf six-year-old, was not entitled to have a sign language interpreter in her public school classroom. Lawrence Siegel wholeheartedly disagrees with this decision in his new book The Human Right to Language: Communication Access for Deaf Children. Instead, he contends that the United States Constitution should protect every deaf and hard of hearing child’s right to communication and language as part of an individual’s right to liberty. Siegel argues that when a deaf or hard of hearing child sits alone in a crowded classroom and is unable to access the rich and varied communication around her, the child is denied any chance of success in life.
In The Human Right to Language, Siegel proposes that the First and Fourteenth Amendments of the Constitution be enforced so that Amy Rowley and her peers can possess that which virtually every other American child takes for granted – the right to receive and express thought in school. He asserts that the common notion of a right to “speech” is too infrequently interpreted in the narrowest sense as the right to “speak” rather than the broader right to receive and transmit information in all ways. Siegel reveals that there are no judicial decisions or laws that recognize this missing right, and offers here a legal and constitutional strategy for change. His well-reasoned hypothesis and many examples of deaf children with inadequate communication access in school combine to make a compelling case for changing the status quo.
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship.
It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law.
Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
The sexual abuse of children by Catholic clergy is arguably the most acute crisis Catholicism has faced since the Reformation. The prevalence of clergy sexual abuse and its shocking cover-up by church officials have obscured the largely untold story of the tort system’s remarkable success in bringing the scandal to light, focusing attention on the need for institutional reform, and spurring church leaders and public officials into action.
Stories of the tort system as an engine of social justice are rare. Holding Bishops Accountable tells one such story by revealing how pleadings, discovery documents, and depositions fueled media coverage of the scandal. Timothy Lytton shows how the litigation strategy of plaintiffs’ lawyers gave rise to a widespread belief that the real problem was not the actions of individual priests but rather the church’s massive institutional failure. The book documents how church and government policymakers responded to the problem of clergy sexual abuse only under the pressure of private lawsuits.
As Lytton deftly demonstrates, the lessons of clergy sexual abuse litigation give us reason to reconsider the case for tort reform and to look more closely at how tort litigation can enhance the performance of public and private policymaking institutions.
From the McDonald’s hot coffee case to the cattle ranchers’ beef with Oprah Winfrey, from the old English "Assize of Bread" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law.
Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist’s negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes—it’s all in here, so tuck in!
As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs.
Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.
The cases concerned matters ranging from The New York Times's publication of the Pentagon Papers to Hugo Zacchini's claim that TV broadcasts of his human cannonball act threatened his livelihood. Bezanson also examines the case of politician blackballed by the Miami Herald; the Pittsburgh Press's argument that it had the right to use gender based column headings in its classifieds; and a crime victim suing the Des Moines Register over the paper's publication of intimate details, including the victim's name.
In tracking the evolution of the First Amendment's Free Exercise and Establishment Clause doctrine through Key Supreme Court decisions on religious freedom, legal scholar Randall P. Bezanson focuses on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures.
"The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times
Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile.
Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Since its first publication in 1991, The Hollow Hope has spurred debate and challenged assumptions on both the left and the right about the ability of courts to bring about durable political and social change. What Gerald N. Rosenberg argued then, and what he confirms today through new evidence in this edition, is that it is nearly impossible to generate significant reforms through litigation: American courts are ineffective and relatively weak, far from the uniquely powerful sources for change they are often portrayed to be.
This third edition includes new data and a substantially updated analysis of civil rights, abortion rights and access, women’s rights, and marriage equality. Addressing changes in the political and social environment, Rosenberg draws lessons from the re-segregation of public schools, victories in marriage equality, and new obstacles to abortion access. Through these and other cases, the third edition confirms the power of the book’s original explanatory framework and deepens our understanding of the limits of judicial action in support of social reform, as well as the conditions under which courts do produce change. Up-to-date, thorough, and thought-provoking, The Hollow Hope remains vital reading.
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court.
Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks—a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.
Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.
Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.
Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
One day in 2002, three friends—a Somali immigrant, a Pakistan–born U.S. citizen, and a hometown African American—met in a Columbus, Ohio coffee shop and vented over civilian casualties in the war in Afghanistan. Their conversation triggered an investigation that would become one of the most unusual and far–reaching government probes into terrorism since the 9/11 attacks.
Over several years, prosecutors charged each man with unrelated terrorist activities in cases that embodied the Bush administration’s approach to fighting terrorism at home.
Government lawyers spoke of catastrophes averted; defense attorneys countered that none of the three had done anything but talk. The stories of these homegrown terrorists illustrate the paradox the government faces after September 11: how to fairly wage a war against alleged enemies living in our midst.
Hatred at Home is a true crime drama that will spark debate from all political corners about safety, civil liberties, free speech, and the government’s war at home.
Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society.
The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.
The History of Michigan Law offers the first serious survey of Michigan’s rich legal past. Michigan legislators have played a leading role in developing modern civil rights law, protecting the environment, and assuring the right to counsel for those accused of crimes. Michigan was the first jurisdiction in the English-speaking world to abolish the death penalty. As the state industrialized, its legal system responded to the competing demands and interests of farmers, railroads, entrepreneurs, and workers.
Michigan was a beacon of liberty for fugitive slaves and free blacks before the Civil War and an early leader in the adoption of laws to protect civil rights and prohibit discrimination after that conflict. The state was the site of the Ossian Sweet murder trial, which illustrated the tensions in Michigan between law and popular ideology. The History of Michigan Law documents and analyzes these legal developments and others, including the history of labor law, women’s rights, and legal education.
This landmark volume will serve as the entry point for all future studies that involve law and society in Michigan and will be invaluable in the comparative study of state law. As the Michigan Supreme Court enters its third century, The History of Michigan Law has relevance beyond the legal community, for scholars and students of American history.
In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation’s great legal philosophers.
Nebraska holds a prominent position in the field of Native American legal history, and the state’s original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won—they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland.
Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation’s only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state’s motto: “Equality Before the Law.”
Each essay examines honor in the context of specific historical processes, including early republican nation-building in Peru; the transformation in Mexican villages of the cargo system, by which men rose in rank through service to the community; the abolition of slavery in Rio de Janeiro; the growth of local commerce and shifts in women’s status in highland Bolivia; the formation of a multiethnic society on Costa Rica’s Caribbean coast; and the development of nationalist cultural responses to U.S. colonialism in Puerto Rico. By connecting liberal projects that aimed to modernize law and society with popular understandings of honor and status, this volume sheds new light on broad changes and continuities in Latin America over the course of the long nineteenth century.
Contributors. José Amador de Jesus, Rossana Barragán, Sueann Caulfield, Sidney Chalhoub, Sarah C. Chambers, Eileen J. Findley, Brodwyn Fischer, Olívia Maria Gomes da Cunha, Laura Gotkowitz, Keila Grinberg, Peter Guardino, Cristiana Schettini Pereira, Lara Elizabeth Putnam
Honorable Lives features three genealogical charts detailing bureaucratic networks established by families of lawyers in different historical periods. The text also contains an abundant series of statistical tables and charts, and concise biographical information on approximately 150 Latin American lawyers. This book will appeal to Latin Americanists, students of law, and anyone interested in the lives and histories of lawyers.
Treaties made in the 1800s between the United States and the Indigenous nations of what is now Wisconsin have had profound influence on the region’s cultural and political landscape. Yet few people realize that in the early part of that century, the Menominee and Ho-Chunk Nations of Wisconsin signed land treaties with several Indigenous nations from New York State. At the onset of the removal era, these eastern nations, including the Oneida Nation and the Six Nations Confederacy, were under constant pressure from the federal government and land speculators to move to lands around Green Bay and Lake Winnebago. In this groundbreaking book, Carol A. Cornelius has compiled a careful account of these nation-to-nation treaties, in large part in the words of those Indigenous leaders who served as the voices and representatives of their nations. Drawing on a rich collection of primary sources, Cornelius walks readers through how, why, and for whom these treaties were made and how the federal government’s failure and unwillingness to acknowledge their legitimacy led to the further loss of Indigenous lands. The living documents transcribed here testify to the complexity and sovereignty of Indigenous governance then and now, making this volume a vital resource for historians and an accessible introduction to Indigenous treatymaking in Wisconsin.
A bold account of property reform during the French Revolution, arguing that the lofty democratic ideals enshrined by revolutionary leaders were rarely secured in practice—with lasting consequences.
Property reform was at the heart of the French Revolution. As lawmakers proclaimed at the time, and as historians have long echoed, the Revolution created modern property rights. Under the new regime, property was redefined as an individual right to which all citizens were entitled. Yet as the state seized assets and prepared them for sale, administrators quickly found that realizing the dream of democratic property rights was far more complicated than simply rewriting laws.
H. B. Callaway sifts through records on Parisian émigrés who fled the country during the Revolution, leaving behind property that the state tried to confiscate. Immediately, officials faced difficult questions about what constituted property, how to prove ownership, and how to navigate the complexities of credit arrangements and family lineage. Mothers fought to protect the inheritances of their children, tenants angled to avoid rent payments, and creditors sought their dues. In attempting to execute policy, administrators regularly exercised their own judgment on the validity of claims. Their records reveal far more continuity between the Old Regime and revolutionary practices than the law proclaimed. Property ownership continued to depend on webs of connections beyond the citizen-state relationship, reinforced by customary law and inheritance traditions. The resulting property system was a product of contingent, on-the-ground negotiations as much as revolutionary law.
The House in the Rue Saint-Fiacre takes stock of the contradictions on which modern property rights were founded. As Callaway shows, the property confiscations of Parisian émigrés are a powerful, clarifying lens on the idea of ownership even as it exists today.
Throughout How to Be French, Weil compares French laws to those of other countries, including the United States, Great Britain, and Germany, showing how France both borrowed from and influenced other nations’ legislation. Examining moments when a racist approach to nationality policy held sway, Weil brings to light the Vichy regime’s denaturalization of thousands of citizens, primarily Jews and anti-fascist exiles, and late-twentieth-century efforts to deny North African immigrants and their children access to French nationality. He also reveals stark gender inequities in nationality policy, including the fact that until 1927 French women lost their citizenship by marrying foreign men. More than the first complete, systematic study of the evolution of French nationality policy, How to be French is a major contribution to the broader study of nationality.
Hallowed Stewards closely examines those magistracies that were central to Athenian religious efforts, and which are best described as “sacred treasurers.” Given the extensive but fragmentary evidence available to us, which consists mainly of inscriptions but includes such texts as the ps.-Aristotelian Constitution of the Athenians, no catalog-like approach to these offices could properly encompass their details, much less their wider significance. By situating the sacred treasurers within a broader religious and historical framework, Hallowed Stewards not only provides an incisive portrait of the treasurers themselves but also elucidates how sacred property and public finance alike developed in ancient Athens.
Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.
These chapters by eight Korea specialists present a new approach to human rights issues in Korea. Instead of using an external and purely contemporary standard, the authors work from within Korean history, treating the successive phases of Korea’s modern century to examine the uneasy fate of human rights and some of the ideas of human rights as they have developed in the Korean context. Beginning with the Independence Club of the late nineteenth century and continuing through to the constitutional and judicial structures underlying the Sixth Republic Government of Roh Tae Woo in South Korea, these papers illuminate the sometimes complex interactions between modern Korean human-rights issues and the legacies of Korean culture and colonial occupation.
The contributors provide a corrective to two common errors: one, an overemphasis on the tension between residual Confucian culture and human-rights concepts; two, the opposite error, a defensive nationalism that gives rise to ill-founded efforts to identify democratic antecedents in the Korean past. Instead, these authors allow each episode in the emergence of Korean human rights thought and action to stand in the context of its own time and of Korea’s modern history. The final sections deal with the usefulness and appropriateness of U.S. policies toward human rights in South Korea and comparatively with the overall issues raised in the volume.
Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II.
From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.
The cycle of disciplines now known as the humanities emerged in their modern form during the Italian Renaissance as the result of an educational movement begun by humanist teachers, writers, and scholars of the early Quattrocento. The movement argued for the usefulness of classical literature as an instrument for training young men and women, not only in the arts of language and eloquence, but also in civic virtue and practical wisdom. This volume contains four of the most important theoretical statements that emerged from the early humanists’ efforts to reform medieval education.
The four texts are Pier Paolo Vergerio, “The Character and Studies Befitting a Free-Born Youth”; Leonardo Bruni, “The Study of Literature”; Aeneas Silvius Piccolomini (Pope Pius II), “The Education of Boys”; and Battista Guarino, “A Program of Teaching and Learning.” The Vergerio and Guarino texts appear in English for the first time.
The disciplines now known as the humanities emerged in their modern form during the Italian Renaissance as the result of an educational movement begun by humanist teachers, writers, and scholars in the early fourteenth century. These educators argued for the usefulness of classical literature as an instrument for training young men and women, not only in the arts of language and eloquence, but also in civic virtue and practical wisdom.
This volume provides new translations, commissioned for the I Tatti Renaissance Library, of four of the most important theoretical statements that emerged from the early humanists’ efforts to reform medieval education: Pier Paolo Vergerio, “The Character and Studies Befitting a Free-Born Youth”; Leonardo Bruni, “The Study of Literature”; Aeneas Silvius Piccolomini (Pope Pius II), “The Education of Boys”; and Battista Guarino, “A Program of Teaching and Learning.”
The original text of these four documents with Craig W. Kallendorf’s translation is also available in a facing-page edition.
What is distinctive, Derek Bok asks, about the American system of higher education, and how well does it perform? In particular, just how good is the education our universities offer? Are they doing all they can to educate their students, or do teaching and learning get lost in the pressure for ever more prestigious research and publication? Bok concludes that the competition characteristic of American higher education—competition for the best students, the most advanced scholarship, the most successful scientific research, the best facilities—has helped to produce venturesome, adaptable, and varied universities. But because the process of learning itself is imperfectly understood, it is difficult to achieve sustained progress in the quality of education or even to determine which educational innovations actually enhance learning.
Despite these problems, the last fifteen years have produced many promising developments, such as experimental curricula, computer-assisted learning, much-expanded offerings for nontraditional students, clinical legal education, schools of public policy to prepare students for public service careers, and many more. Such initiatives need a more secure and central place within the regular curriculum. In addition to the traditional focus on program and curriculum, Bok stresses the need to pay greater attention to improving the effectiveness of teaching and learning. He calls for a number of steps, including a sustained program of research directed toward evaluating educational programs and methods of teaching. Only through careful experimentation and evaluation of its own efforts, through many small improvements and occasional inspired advances, can each university move toward the goal of giving its students the best possible preparation for life in an increasingly complex world.
A Chronicle of Higher Education “Top 10 Books on Teaching” Selection
Winner of the Virginia and Warren Stone Prize
Constrained by shrinking budgets, can colleges do more to improve the quality of education? And can students get more out of college without paying higher tuition? Daniel Chambliss and Christopher Takacs conclude that the limited resources of colleges and students need not diminish the undergraduate experience. How College Works reveals the surprisingly decisive role that personal relationships play in determining a student's collegiate success, and puts forward a set of small, inexpensive interventions that yield substantial improvements in educational outcomes.
“The book shares the narrative of the student experience, what happens to students as they move through their educations, all the way from arrival to graduation. This is an important distinction. [Chambliss and Takacs] do not try to measure what students have learned, but what it is like to live through college, and what those experiences mean both during the time at school, as well as going forward.”
—John Warner, Inside Higher Ed
Bjork asks a variety of important questions related to testing and reform: Does testing overburden students? Does it impede innovation and encourage conformity? Can a system anchored by examination be reshaped to nurture creativity and curiosity? How should any reforms be implemented by teachers? Each chapter explores questions like these with careful attention to the actual effects policies have had on schools in Japan and other Asian settings, and each draws direct parallels to issues that US schools currently face. Offering a wake-up call for American education, Bjork ultimately cautions that the accountability-driven practice of standardized testing might very well exacerbate the precise problems it is trying to solve.
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