A SCHOLARLY BOOK REPOSITORY978 start with L start with L
Adventurous and perceptive, Laughing to Keep from Dying reveals how African American satirists unmask the illusions and anxieties surrounding race in the twenty-first century.
Interpreting these writers in their larger historical and cultural contexts, Miller reconsiders their formidable artistic, political, and literary contributions to American cultural life in the 1930s. He looks at what was happening in 1932—from depression conditions and politics to chain stores and celebrity culture—to shed light on Wilder’s life, and he shows how actual “little houses” established ideas of home that resonated emotionally for both writers.
In considering each woman’s ties to history, Miller compares Wilder with Frederick Jackson Turner as a frontier mythmaker and examines Lane’s unpublished history of Missouri in the context of a contemporaneous project, Thomas Hart Benton’s famous Jefferson City mural. He also looks at Wilder’s Missouri Ruralist columns to assess her pre–Little House values and writing skills, and he readdresses her literary treatment of Native Americans. A final chapter shows how Wilder’s and Lane’s conservative political views found expression in their work, separating Lane’s more libertarian bent from Wilder’s focus on writing moralist children’s fiction.
These nine thoughtful essays expand the critical discussion on Wilder and Lane beyond the Little House. Miller portrays them as impassioned and dedicated writers who were deeply involved in the historical changes and political challenges of their times—and contends that questions over the books’ authorship do not do justice to either woman’s creative investment in the series. Miller demystifies the aura of nostalgia that often prevents modern readers from seeing Wilder as a real-life woman, and he depicts Lane as a kindred artistic spirit, helping readers better understand mother and daughter as both women and authors.
Despite his status as a scion of one of the wealthiest and most famous families in the United States and an enormously successful businessman in his own right, Laurance S. Rockefeller is unknown to all but a small circle of Americans. Yet while he has been neither Vice President nor Governor nor chairman of the world's largest bank, his contribution to society has been at least as great as that of his more famous brothers.
In Laurance S. Rockefeller: Catalyst for Conservation, noted historian Robin W. Winks brings Laurance to the forefront, offering an intimate look at his life and accomplishments. While Rockefeller has played a vital role in the business world as one of the most astute venture capitalists of our time -- providing seed money for, among other endeavors, Eastern Airlines, Intel Corporation, and Apple Computers -- his driving passion throughout his life has been the environment. In addition to the millions of dollars he has donated and the numerous conservation organizations he has helped to found, he served under five consecutive presidents in environmental advisory capacities.
Perhaps most significantly, Rockefeller served under Presidents Eisenhower and Kennedy as chairman of the Outdoor Recreation Resources Review Commission (ORRRC), brilliantly orchestrating an assessment of the recreation and conservation needs and wants of the American people and the policies and programs required to meet those needs. The reports issued by the Commission represent a groundbreaking achievement that laid the framework for nearly all significant environmental legislation of the following three decades.
Winks uses a combination of historical insight and extensive access to Rockefeller and government archives to present the first in-depth examination of Laurance Rockefeller's life and work. His deftly argued and gracefully written volume explains and explores Rockefeller's role in shaping the transition from traditional land conservation to a more inclusive environmentalism. It should compel broader interpretation of the history of environmental protection, and is essential reading for anyone concerned with the past or future of conservation in America.
In The Lavender Scare, David K. Johnson tells the frightening story of how, during the Cold War, homosexuals were considered as dangerous a threat to national security as Communists. Charges that the Roosevelt and Truman administrations were havens for homosexuals proved a potent political weapon, sparking a “Lavender Scare” more vehement and long-lasting than Joseph McCarthy’s Red Scare. Drawing on declassified documents, years of research in the records of the National Archives and the FBI, and interviews with former civil servants, Johnson recreates the vibrant gay subculture that flourished in midcentury Washington and takes us inside the security interrogation rooms where anti-homosexual purges ruined the lives and careers of thousands of Americans. This enlarged edition of Johnson’s classic work of history—the winner of numerous awards and the basis for an acclaimed documentary broadcast on PBS—features a new epilogue, bringing the still-relevant story into the twenty-first century.
Historian David K. Johnson here relates the frightening, untold story of how, during the Cold War, homosexuals were considered as dangerous a threat to national security as Communists. Charges that the Roosevelt and Truman administrations were havens for homosexuals proved a potent political weapon, sparking a "Lavender Scare" more vehement and long-lasting than McCarthy's Red Scare. Relying on newly declassified documents, years of research in the records of the National Archives and the FBI, and interviews with former civil servants, Johnson recreates the vibrant gay subculture that flourished in New Deal-era Washington and takes us inside the security interrogation rooms where thousands of Americans were questioned about their sex lives. The homosexual purges ended promising careers, ruined lives, and pushed many to suicide. But, as Johnson also shows, the purges brought victims together to protest their treatment, helping launch a new civil rights struggle.
The Lavender Scare shatters the myth that homosexuality has only recently become a national political issue, changing the way we think about both the McCarthy era and the origins of the gay rights movement. And perhaps just as importantly, this book is a cautionary tale, reminding us of how acts taken by the government in the name of "national security" during the Cold War resulted in the infringement of the civil liberties of thousands of Americans.
While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.
Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson’s book seeks to correct this imbalance.
With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson’s Notes on the State of Virginia and Irving’s burlesque History of New York as unified texts, products of the legal mind of the time.
The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture.
The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer’s stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
Winner of the Scribes Book Award
“As brilliantly imaginative as it is urgently timely.”
—Richard H. Fallon, Jr., Harvard Law School
“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”
—Frederick Schauer, author of The Proof
A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.
These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall.
“Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.”
—Review of Politics
“The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.”
—Wall Street Journal
A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis.
After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies.
Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.
In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.
As educational and justice agencies increasingly turn to private subcontractors to deliver an array of services and growing numbers of young people are channeled into non-traditional educational settings and correctional institutions, it is imperative that educators and the general public understand how these institutions work and what problems their students and staffs encounter. This on-the-ground examination of the education within the juvenile justice system will open your eyes to how we educate some of our neediest children.
“Law and Public Choice is a most valuable contribution to the burgeoning literature. It
should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law
School
Whether we are black, gay, Republican, women, or deaf, our associations--whether voluntary or assigned--constitute crucial and inescapable elements of our identities. Both voluntary and involuntary groups have been important in American history--more important than is generally recognized. But these groups have never been adequately addressed by law, which has as its primary focus the relationship between the individual and the state. The company we keep, says the constitutional law scholar Aviam Soifer, is presumed to be each person's own business, and generally beyond notice of the law. But as America becomes a more varied country and issues arising out of multiculturalism threaten to divide us, it becomes essential, Soifer argues, to recognize rights under the First Amendment that will protect the crucial roles of groups and communities within the larger national community.
Legal doctrine and the outcomes reached in judicial proceedings will be more coherent if we acknowledge that groups qua groups have significant legal impact. The building blocks of any quest for justice must include the groups--social, political, professional, civil, interpretive, religious--from which we derive and apply ethical standards in search of a better life. The ability to step outside traditional doctrinal boxes that concentrate on relationships between individuals and government will help not only legal thinkers but every person to reason toward justice.
Using history and literature to explore the complex issues of individual and group rights, Law and the Company We Keep is the first sustained account of the presence and importance of groups in our legal culture. It confronts central questions about the multiple roles of culture and symbol in defining our groups, and through them, our lives.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
Law and the Environment: A Multidisciplinary Reader brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements.
In drawing together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes.
In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom.
Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence.
Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons.
In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context—reflecting social relations, for example, or precipitating social changes—is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law.
Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field.
Each chapter is both an exposition of its author’s point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes—the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits—that are significant to observers not only of our legal institutions but of other social systems as well.
Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age.
Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler.
From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life.
They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites.
Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.
Carl Schneider is Professor of Law, University of Michigan Law School.
Doty examines the social and political contexts that have enabled these civilian groups to flourish and gain legitimacy amongst policy makers and the public. The sentiments underlying the vigilante movement both draw upon and are channeled through a diverse range of organizations whose messages are often reinforced by the media. Taking action when they believe official policy is lacking, groups ranging from elements of the religious right to anti-immigrant groups to white supremacists have created a social movement.
Doty seeks to alert us to the consequences related to this growing movement and to the restructuring of our society. She maintains that with immigrants being considered as enemies and denied basic human rights, it is irresponsible of both citizens and policy makers to treat this complicated issue as a simple black or white reality.
In this solid and theoretically grounded look at contemporary, post-9/11 border vigilantism, the author observes the dangerous and unproductive manner in which private citizens seek to draw firm and uncompromising lines between who is worthy of inclusion in our society and who is not.
Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.
Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.
In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.
Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.
The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
For some people, their lawn is a source of pride, and for others, caring for their lawn is a chore. Yet for an increasing number of people, turf care is a cause of ecological anxiety. In Lawn People, author Paul Robbins, asks, "How did the needs of the grass come to be my own?" In his goal to get a clearer picture of why people and grasses do what they do, Robbins interviews homeowners about their lawns, and uses national surveys, analysis from aerial photographs, and economic data to determine what people really feel about-and how they treat-their lawns.
Lawn People places the lawn in its ecological, economic, and social context. Robbins considers the attention we pay our turfgrass-the chemicals we use to grow lawns, the hazards of turf care to our urban ecology, and its potential impact on water quality and household health. He also shows how the ecology of cities creates certain kinds of citizens, deftly contrasting man's control of the lawn with the lawn's control of man.
Lawn People provides an intriguing examination of nature's influence on landscape management and on the ecosystem.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons.
In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action.
As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
The essays in Law's Mistakes explore the things that law recognizes as errors and the way it responds to them. They identify the jurisprudential and political perspectives that underlie different understandings of what is or is not a legal mistake, and examine the fraught, contested, and evolving relationship between law and error. And they offer templates for thinking about what mistakes can tell us about the aspirations and limits of law, and for understanding how our imagining of law is enabled and shaped by its juxtaposition to a condition labeled mistake.
In addition to the volume editors, contributors include Paul Schiff Berman, Sonali Chakravarti, Jody L. Medeira, Stewart Motha, Kunal Parker, and Jordan Steiker.
The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell.
Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community.
According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power.
The book concludes with an evaluation of recent changes and their possible consequences.
Lawyers and the legal profession have become scapegoats for many of the problems of our age. In The Lawyer Myth: A Defense of the American Legal Profession, Rennard Strickland and Frank T. Read look behind current antilawyer media images to explore the historical role of lawyers as a balancing force in times of social, economic, and political change. One source of this disjunction of perception and reality, they find, is that American society has lost touch with the need for the lawyer’s skill and has come to blame unrelated social problems on the legal profession. This highly personal and impassioned book is their defense of lawyers and the rule of law in the United States.
The Lawyer Myth confronts the hypocrisy of critics from both the right and the left who attempt to exploit popular misperceptions about lawyers and judges to further their own social and political agendas. By revealing the facts and reasoning behind the decisions in such cases as the infamous McDonald’s coffee spill, the authors provide a clear explanation of the operation of the law while addressing misconceptions about the number of lawsuits, runaway jury verdicts, and legal “technicalities” that turn criminals out on the street.
Acknowledging that no system is perfect, the authors propose a slate of reforms for the bar, the judiciary, and law schools that will enable today’s lawyers—and tomorrow’s—to live up to the noble potential of their profession. Whether one thinks of lawyers as keepers of the springs of democracy, foot soldiers of the Constitution, architects and carpenters of commerce, umpires and field levelers, healers of the body politic, or simply bridge builders, The Lawyer Myth reminds us that lawyers are essential to American democracy.
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror.
Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers.
At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them.
Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of:
- the geographic scope and activities covered by the Clean Water Act
- the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency
- the goal of no net loss of wetlands
- the role of entrepreneurial wetland mitigation banking
- the tension between wetland mitigation bankers and in-lieu fee mitigation programs
- wetland regulation and private property rights.
The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective.
A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.
On the morning of December 4, 1972, the small north Alabama town of Scottsboro was shaken when a bomb ripped through the car of a prominent attorney. What followed were two years of unyielding
investigation resulting in the arrest of the town's wealthiest landowner. The trial that followed pitted Bill Baxley, a young, ambitious Alabama attorney general, against the state's most prominent lawyers.
Lay Down with Dogs is the story of a small southern town as it makes the transition from an agrarian hamlet to progressive New South suburbia. It is also the story of a twisted but powerful character, bent on revenge, whose motive was as enigmatic as the man himself. And it is the story of a young prosecutor, willing to risk a promising political future in order to pursue his sense of justice.
This book is not only a well-researched account but also a fascinating story of crime, the court, and the many characters brought together at one time and in one place to participate--for good or evil--in an unforgettable drama.
In Laying Claim: African American Cultural Memory and Southern Identity, Patricia Davis identifies the Civil War as the central narrative around which official depictions of southern culture have been defined. Because that narrative largely excluded African American points of view, the resulting southern identity was monolithically white. Davis traces how the increasing participation of black public voices in the realms of Civil War memory—battlefields, museums, online communities—has dispelled the mirage of “southernness” as a stolid cairn of white culture and has begun to create a more fluid sense of southernness that welcomes contributions by all of the region’s peoples.
Laying Claim offers insightful and penetrating examinations of African American participation in Civil War reenactments; the role of black history museums in enriching representations of the Civil War era with more varied interpretations; and the internet as a forum within which participants exchange and create historical narratives that offer alternatives to unquestioned and dominant public memories. From this evolving cultural landscape, Davis demonstrates how simplistic caricatures of African American experiences are giving way to more authentic, expansive, and inclusive interpretations of southernness.
As a case-study and example of change, Davis cites the evolution of depictions of life at Thomas Jefferson’s Monticello. Where visitors to the site once encountered narratives that repeated the stylized myth of Monticello as a genteel idyll, modern accounts of Jefferson’s day offer a holistic, inclusive, and increasingly honest view of Monticello as the residents on every rung of the social ladder experienced it.
Contemporary violence and attacks about or inspired by the causes, outcomes, and symbols of the Civil War, even one hundred and fifty years after its end, add urgency to Davis’s argument that the control and creation of public memories of that war is an issue of concern not only to scholars but all Americans. Her hopeful examination of African American participation in public memory illuminates paths by which this enduring ideological impasse may find resolutions.
Winner of the John Phillip Reed Book Award, American Society for Legal History
A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries.
Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes.
In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions.
Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan.
In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
In this insightful study, Paul Y. Hammond, an experienced analyst of bureaucratic politics, adapts and extends that approach to explain and evaluate the Johnson administration’s performance in foreign relations in terms that have implications for the post–Cold War era.
The book is structured around three case studies of Johnson’s foreign policy decision making. The first study examines economic and political development. It explores the way Johnson handled the provision of economic and food assistance to India during a crisis in India’s food policies. This analysis provides lessons not only for dealing with African famine in later years but also for assisting Eastern Europe and the former Soviet Union.
The second case study focuses on U.S. relations with Western Europe at a time that seemed to require a major change in the NATO alliance. Here, Hammond illuminates the process of policy innovation, particularly the costs of changing well-established policies that embody an elaborate network of established interests. The third case study treats the Vietnam War, with special emphasis on how Johnson decided what to do about Vietnam. Hammond critiques the rich scholarship available on Johnson’s advisory process, based on his own reading of the original sources.
These case studies are set in a larger context of applied theory that deals more generally with presidential management of foreign relations, examining a president’s potential for influence on the one hand and the constraints on his or her capacity to control and persuade on the other. It will be important reading for all scholars and policymakers interested in the limits and possibilities of presidential power in the post–Cold War era.
Decades later, the Vietnam War remains a divisive memory for American society. Partisans on all sides still debate why the war was fought, how it could have been better fought, and whether it could have been won at all.
In this major study, a noted expert on the war brings a needed objectivity to these debates by examining dispassionately how and why President Lyndon Johnson and his administration conducted the war as they did. Drawing on a wealth of newly released documents from the LBJ Library, including the Tom Johnson notes from the influential Tuesday Lunch Group, George Herring discusses the concept of limited war and how it affected President Johnson's decision making, Johnson's relations with his military commanders, the administration's pacification program of 1965-1967, the management of public opinion, and the "fighting while negotiating" strategy pursued after the Tet Offensive in 1968.
The author's in-depth analysis exposes numerous flaws in Johnson's management of the war. In Herring's view, the Johnson administration lacked any overall strategy for conducting the war. No change in approach was ever discussed, despite popular and even administration dissatisfaction with the progress of the war, and no oversight committee coordinated the activities of the military services and various governmental agencies, which were left to follow their own, often conflicting, agendas.
A Christian Science Monitor Best Nonfiction Book of the Year
“In his masterful new biography, Randall B. Woods convincingly makes the case for Johnson’s greatness—as the last American president whose leadership achieved truly revolutionary breakthroughs in progressive domestic legislation, bringing changes that have improved the lives of most Americans. In this compelling, massive narrative, Woods portrays Johnson fairly and fully in all his complexity, with adequate attention to flaws in his character and his tragic miscalculations in Vietnam.”—Nick Kotz, Washington Post Book World
“In writing LBJ: Architect of American Ambition, Woods has produced an excellent biography that fully deserves a place alongside the best of the Johnson studies yet to appear…Even readers familiar with the many other fine books on Johnson will learn a great deal from Woods…Among Woods’s many achievements in this fine biography is to allow us to see not only the enormous, tragic flaws in this extraordinary man, but also the greatness.”—Alan Brinkley, New York Times Book Review
A distinguished historian of twentieth-century America, Randall B. Woods offers a wholesale reappraisal and sweeping, authoritative account of the life of one of the most fascinating and complex U.S. presidents.
During the five full years of his presidency (1964–1968), Lyndon Johnson initiated a breathtaking array of domestic policies and programs, including such landmarks as the Civil Rights Act, Head Start, Food Stamps, Medicare and Medicaid, the Immigration Reform Act, the Water Quality Act, the Voting Rights Act, Social Security reform, and Fair Housing. These and other “Great Society” programs reformed the federal government, reshaped intergovernmental relations, extended the federal government’s role into new public policy arenas, and redefined federally protected rights of individuals to engage in the public sphere. Indeed, to a remarkable but largely unnoticed degree,Johnson’s domestic agenda continues to shape and influence current debates on major issues such as immigration, health care, higher education funding, voting rights, and clean water, even though many of his specific policies and programs have been modified or, in some cases, dismantled since his presidency.
LBJ’s Neglected Legacy examines the domestic policy achievements of one of America’s most effective, albeit controversial, leaders. Leading contributors from the fields of history, public administration, economics, environmental engineering, sociology, and urban planning examine twelve of LBJ’s key domestic accomplishments in the areas of citizenship and immigration, social and economic policy, science and technology, and public management. Their findings illustrate the enduring legacy of Johnson’s determination and skill in taking advantage of overwhelming political support in the early years of his presidency to push through an extremely ambitious and innovative legislative agenda, and emphasize the extraordinary range and extent of LBJ’s influence on American public policy and administration.
The regiment that never ran
To destroy Confederate infrastructure, avenge the horrors of slavery, and shorten the war, the 45th Illinois Volunteer Infantry imposed the pillaging of hard-war philosophy upon Confederate lands. This comprehensive and engaging narrative explores the Civil War ordeals and triumphs of the “Lead Mine men” who hailed from eleven counties in northern Illinois. Thomas B. Mack uncovers the history on this unit of resilient midwesterners and how they brought hard-war to the Confederacy in 1862, earlier than other historians have previously suggested.
During their service the regiment compiled an exceptional record. The 45th fought under General Ulysses S. Grant in the war’s western theater, earning honors at Vicksburg and in Tennessee. The men later reenlisted as veterans and served in General William T. Sherman’s Atlanta, Savannah, and Carolina campaigns. Mack considers the soldiers’ community, discipline, and faith in Providence during their service in the Union Army of the Tennessee and how, despite the unit’s high casualties, they upheld the lowest rate of desertion due to their fervent patriotism.
Throughout The Lead Mine Men, Mack’s focus remains on the soldiers—their extensive training in Galena and Chicago and their time in camp and in combat. He follows their experiences from recruitment to their celebratory march in the 1865 Grand Review to their postwar lives in which many struggled to adjust, receive their government pensions, and protect the unit’s legacy. In this book, Mack broadens our understanding of the Union soldiers who saved their republic and ended slavery within its borders.
During the first half of the 20th century, industrial mining operations caused severe environmental damage to area waterways and lands from releases of lead and other toxic metals, and sulfur gases. Despite the obvious devastation, no effective federal laws regulating mining and smelting operations were passed until the 1970s, due to the influence of the mine and lead industry in state and federal politics, and scientific uncertainties about pollution effects. Harmful human health effects were evident soon after the smelter opened in 1917, when Bunker Hill workers suffered from lead poisoning, but no federal laws regulating workplace lead were passed until the 1970s.
In 1974, lead smelter emissions from Bunker Hill caused the largest epidemic of childhood lead poisoning in U.S. history. That landmark event ultimately led to the EPA mandating federal air lead standards in 1978 and, at the same time, NIOSH passed national standards reducing occupational lead exposures. Bunker Hill could not meet the new standards; consequently, the company closed in 1981, leaving behind a contaminated geographic area that was classified as the largest Superfund site in the United States in 1983.
Leaded is a deeply researched account of one of the greatest environmental disasters in our history. It belongs on the bookshelf of every student of environmental history, western history, mining history, environmental ethics, and environmental law.
Leaders of the Mexican American Generation explores the lives of a wide range of influential members of the US Mexican American community between 1920 and 1965 who paved the way for major changes in their social, political, and economic status within the United States.
Including feminist Alice Dickerson Montemayor, to San Antonio attorney Gus García, and labor activist and scholar Ernesto Galarza, the subjects of these biographies include some of the most prominent idealists and actors of the time. Whether debating in a court of law, writing for a major newspaper, producing reports for governmental agencies, organizing workers, holding public office, or otherwise shaping space for the Mexican American identity in the United States, these subjects embody the core values and diversity of their generation.
More than a chronicle of personalities who left their mark on Mexican American history, Leaders of the Mexican American Generation cements these individuals as major players in the history of activism and civil rights in the United States. It is a rich collection of historical biographies that will enlighten and enliven our understanding of Mexican American history.
In presidential election years the leadership qualities of occupants of the Oval Office become yardsticks for aspiring candidates. What profile of qualities, both positive and negative, helps explain the performance of chief executives? In this book about the White House, nine eminent political scientists and historians present their assessments of the leadership styles and organizational talents of presidents from Franklin D. Roosevelt to Ronald Reagan. Filled with anecdote and insight, this is an unprecedented opportunity to observe how the running of the office of President has been changed, subtly and not so subtly, by the management and personal styles of the various incumbents within their historical contexts.
The book vividly depicts each president. There is Roosevelt, “a real artist in government”; Truman, a strong executive who always managed to appear weak; Eisenhower, who cultivated the image of being “above the fray” of politics but was actually fully occupied with getting political results; Kennedy, who successfully projected the symbolic grandeur of his office; Johnson, a figure from classical tragedy; Nixon, who preferred a corporate to a political mode of operation; Ford, who placed healing the nation’s wounds from Vietnam and Watergate above his personal political future; Carter, whose fall was as stunning as his rise was meteoric. The chapter on Reagan is an impassioned encomium of the president as a folk philosopher that is bound to be controversial.
These accounts of leadership by modern presidents are acute studies of how the presidency has become the first among equals in our tripartite system of government. This book will be important to political scientists, historians, and government officials, and the liveliness of its presentation and the quotidian impact of the men it describes will make it attractive to everyone interested in how we are governed and who is doing the governing.
Using an engaging case study approach, Leading for Tomorrow provides readers with real-world examples that will help them reflect on their own management and communication styles. It also shows newly minted administrators how they can follow best practices while still developing a style of leadership that is authentic and uniquely their own.
The book’s case studies offer practical solutions for how to deal with emerging trends and persistent problems in the field of higher education, from decreasing state funding to political controversies on campus. Leading for Tomorrow gives readers the tools they need to get the best out of their team, manage conflicts, support student success, and instill a campus culture of innovation that will meet tomorrow’s challenges.
American presidents and Hollywood have interacted since the 1920s. This relationship has made our entertainment more political and our political leadership more aligned with the world of movies and movie stars.
In The Leading Man, Burton W. Peretti explores the development of the cinematic presidential image. He sets the scene in chapter 1 to show us how the chief executive, beginning with George Washington, was positioned to assume the mantle of cultural leading man. As an early star figure in the young republic, the president served as a symbol of national survival and wish fulfillment. The president, as head of government and head of state, had the potential to portray a powerful and charismatic role.
At the center of the story are the fourteen presidents of the cinematic era, from Herbert Hoover to Barack Obama. Since the 1920s, the president, like the lead actor in a movie, has been given the central place on the political stage under the intense glare of the spotlight. Like other American men, future presidents were taught by lead movie actors how to look and behave, what to say, and how to say it. Some, like John F. Kennedy and Richard M. Nixon, took particular care to learn from the grooming, gestures, movements, and vocal inflections of film actors and applied these lessons to their political careers. Ronald Reagan was a professional actor. Bill Clinton, a child of the post–World War II Baby Boom, may have been the biggest movie fan of all presidents. Others, including Lyndon Johnson, showed little interest in movies and their lessons for politicians.
Presidents and other politicians have been criticized for cheapening their offices by hiring image and advertising consultants and staging their public events. Peretti analyzes the evolution and the significance of this interaction to trace the convoluted history of the presidential cinematic image. He demonstrates how movies have been the main force in promoting appearance and drama over the substance of governing, and how Americans’ lives today may be dominated by entertainment at the expense of their engagement as citizens.
Leadville explores the clash between a small mining town high up in Colorado's Rocky Mountains and the federal government, determined to clean up the toxic mess left from a hundred years of mining.
Set amidst the historic streets and buildings reflecting the town's past glory as one of the richest nineteenth-century mining districts in North America-a history populated with characters such as Meyer Guggenheim and the Titanic's unsinkable Molly Brown-the Leadville Gillian Klucas portrays became a battleground in the 1980s and 1990s.
The tale begins one morning in 1983 when a flood of toxic mining waste washes past the Smith Ranch and down the headwaters of the Arkansas River. The event presages a Superfund cleanup campaign that draws national attention, sparks local protest, and triggers the intervention of an antagonistic state representative.
Just as the Environmental Protection Agency comes to town telling the community that their celebrated mining heritage is a public health and environmental hazard, the mining industry abandons Leadville, throwing the town into economic chaos. Klucas unveils the events that resulted from this volatile formula and the remarkable turnaround that followed.
The author's well-grounded perspective, in-depth interviews with participants, and keen insights make Leadville a portrait vivid with characterizations that could fill the pages of a novel. But because this is a real story with real people, It shows the reality behind the Western mystique and explores the challenges to local autonomy and community identity brought by a struggle for economic survival, unyielding government policy, and long-term health consequences induced by extractive-industry practices.
The proud Westerners of Leadville didn't realize they would be tangling with a young and vigorous Environmental Protection Agency in a modern-day version of an old Western standoff. In the process, Klucas shows, both sides would be forced to address hard questions about identity and the future with implications that reach far beyond Leadville and the beautiful high valley that nurtures it.
One child in five in America is the child of immigrants, and their numbers increase each year. Very few will return to the country they barely remember. Who are they, and what America do they know?
Based on an extraordinary interdisciplinary study that followed 400 newly arrived children from the Caribbean, China, Central America, and Mexico for five years, this book provides a compelling account of the lives, dreams, and frustrations of these youngest immigrants. Richly told portraits of high and low achievers are packed with unexpected ironies. When they arrive, most children are full of optimism and a respect for education. But poor neighborhoods and dull--often dangerous--schools can corrode hopes. The vast majority learn English--but it is the English of video games and the neighborhood, not that of standardized tests.
For some of these children, those heading off to college, America promises to be a land of dreams. These lucky ones have often benefited from caring mentors, supportive teachers, or savvy parents. For others, the first five years are marked by disappointments, frustrations, and disenchantment. How can we explain their varied academic journeys?
The children of immigrants, here to stay, are the future--and how they adapt will determine the nature of America in the twenty-first century.
How do people decide whether or not to take chances with their health and safety? Do they pay attention to warnings about hazardous products used at home or on the job? What is the best way to present this information? These questions are becoming increasingly important as direct government regulation is replaced by programs to educate workers and consumers about risk. Information itself is becoming a regulatory device, but until now little has been known about its use and effectiveness.
Learning about Risk offers important new evidence on how people process information about risk and how they make choices under uncertainty. Drawing on work in a variety of disciplines—economics, decision science, marketing, and psychology—as well as on extensive original survey data, the authors take a close look at one type of risk information: the labeling of hazardous products and chemicals. They use the word labeling to mean all the tangible ways in which information is transmitted, including not merely warnings on bottles and cans but also leaflets and brochures, signs in the workplace, and store displays. The authors surveyed hundreds of consumers and chemical workers to explore a range of issues—the accuracy and appropriateness of people's risk assessments, the types of precautions they take, the values they attach to these measures, the wages they expect for performing risky jobs, and the relationship between the precaution taken and the content, wording, and format of the warning.
Overall, the authors show that information policies are a promising approach to controlling risks in the marketplace and on the job. Their findings will be of interest to government officials, policy analysts, economists, psychologists, and managers concerned professionally with the labeling of hazardous products.
Author Russell S. Rosen begins with the history of ASL as a foreign language in high schools, including debates about the foreign language status of ASL, the situation of deaf and hard of hearing students in classes, and governmental recognition of ASL as a language. Based on his study of five high school ASL programs, he defines the factors that motivate students, including community and culture, and analyzes strategies for promoting language processing and learning. Learning American Sign Language in High School provides strategies for teaching ASL as a second language to students with learning disabilities as well. Its thorough approach ensures the best opportunity for high school students to attain high levels of achievement in learning ASL.
Does the movement to a large number of early presidential primaries reduce the ability of voters to learn about the candidates? Do voters who vote early miss important information by not following the entire campaign, or are they, as some argue, more partisan? In a unique study Rebecca B. Morton and Kenneth C. Williams investigate the impact these changes have on the choices voters make. The authors combine a formal, theoretical model to derive hypotheses with experiments, elections conducted in labs, to test the hypotheses.
Their analysis finds that sequence in voting does matter. In simultaneous voting elections well-known candidates are more likely to win, even if that candidate is the first preference of only a minority of the voters and would be defeated by another candidate, if that candidate were better known. These results support the concerns of policy makers that front-loaded primaries prevent voters from learning during the primary process. The authors also find evidence that in sequential elections those who vote on election day have the benefit of information received throughout the whole course of the campaign, thus supporting concerns with mail-in ballots and other early balloting procedures.
This book will interest scholars interested in elections, the design of electoral systems, and voting behavior as well as the use of formal modeling and experiments in the study of politics. It is written in a manner that can be easily read by those in the public concerned with presidential elections and voting.
Rebecca B. Morton is Associate Professor of Political Science, University of Iowa. Kenneth C. Williams is Associate Professor of Political Science, Michigan State University.
This book offers
- Step-by-step directions for both the educator and learner and all necessary handouts, including directions and worksheets. The reader can use the book to quickly and easily set up centers. Some centers require only photocopies and basic materials to get started.
- Guidance on how to create cross-curricular centers that target the AASL Standards and other content-area standards. A table is provided to enable educators to create centers that address specific standards or content areas. Centers for distance learning are also identified.
- Suggested modifications for both struggling and advanced learners, plus ideas for collaborating with other educators. These features broaden the potential audience beyond elementary school learners.
Rooting her account in John Dewey’s ideas, Goddard moves from early nineteenth century supporters of the union of learning and labor to the interconnected histories of CMTS, New Jersey’s Manual Training and Industrial School for Colored Youth, North Dakota’s Normal and Industrial School, and related programs elsewhere. Goddard analyzes the work of movement figures like abolitionist Theodore Weld, educators Calvin Woodward and Booker T. Washington, social critic W.E.B. Du Bois, Dewey himself, and his influential Chicago colleague Ella Flagg Young. The book contrasts ideas about manual training held by advocate Nicholas Murray Butler with those of opponent William Torrey Harris and considers overlooked connections between industrial education and the Arts and Crafts Movement.
An absorbing merger of history and storytelling, Learning for Work looks at the people who shaped industrial education while offering a provocative vision of realizing its potential today.
“As Birmingham goes, so goes the nation,” Fred Shuttlesworth observed when he invited Martin Luther King Jr. to the city for the transformative protests of 1963. From the height of the Civil Rights Movement through its long aftermath, images of police dogs, fire hoses and four girls murdered when Ku Klux Klan members bombed the Sixteenth Street Baptist Church have served as an uncomfortable racial mirror for the nation. Like many white people who came of age in the Civil Rights Movement’s wake, Julie Buckner Armstrong knew little about this history. Only after moving away and discovering writers like Toni Morrison and Alice Walker did she realize how her hometown and family were part of a larger, ongoing story of struggle and injustice.
When Armstrong returned to Birmingham decades later to care for her aging mother, Shuttlesworth’s admonition rang in her mind. By then an accomplished scholar and civil rights educator, Armstrong found herself pondering the lessons Birmingham holds for a twenty-first century America. Those lessons extended far beyond what a 2014 Teaching Tolerance report describes as the common distillation of the Civil Rights Movement into “two names and four words: Martin Luther King Jr, Rosa Parks, and ‘I have a dream.’” Seeking to better understand a more complex local history, its connection to broader stories of oppression and resistance, and her own place in relation to it, Armstrong embarked on a journey to unravel the standard Birmingham narrative to see what she would find.
Beginning at the center, with her family’s 1947 arrival to a housing project near the color line, within earshot of what would become known as Dynamite Hill, Armstrong works her way over time and across the map. Weaving in stories of her white working-class family, classmates, and others not traditionally associated with Birmingham’s civil rights history, including members of the city’s LGBTQ community, she forges connections between the familiar and lesser-known. The result is a nuanced portrait of Birmingham--as seen in public housing, at old plantations, in segregated neighborhoods, across contested boundary lines, over mountains, along increasingly polluted waterways, beneath airport runways, on highways cutting through town, and under the gaze of the iconic statue of Vulcan.
In her search for truth and beauty in Birmingham, Armstrong draws on the powers of place and storytelling to dig into the cracks, complicating easy narratives of civil rights progress. Among the discoveries she finds in America’s racial mirror is a nation that has failed to recognize itself in the horrific images from Birmingham’s past and to acknowledge the continuing inequalities that make up the Civil Right’s Movement’s unfinished business. Learning from Birmingham reminds us that stories of civil rights, structural oppression, privilege, abuse, race and gender bias, and inequity are difficult and complicated, but their telling, especially from multiple stakeholder perspectives, is absolutely necessary.
How has the landscape of Wisconsin affected its history? How have people living here changed that landscape over time? What are the implications for the future? The second edition of Learning from the Land addresses these and other questions, asking elementary and middle school readers to think about land use issues throughout Wisconsin's history. This revised edition includes expanded chapters on logging and the lumber industry, land use and planning, and agriculture in the 20th century from farmers' markets to organic farming. New profiles of Gaylord Nelson, pioneer of Earth Day, and Will Allen, founder of Growing Power in Milwaukee, round out this history of land use in Wisconsin.
Entrepreneurial creativity, private investment, and competition have been among America's great strengths. Can they be harnessed to improve troubled public schools? Or is private management of public schools at best a gimmick, and at worst an undemocratic sellout?
In the 1990s, some failing school systems turned to private education management organizations to manage their schools. The EMOs promised academic improvement to families and profits to their investors. Wall Street and foundations lavished hundreds of millions of dollars on for-profit and nonprofit start-ups, and thousands of students' educations began to be directed not by school officials, but by private companies.
In Learning on the Job, industry insider Steven Wilson, the founder and CEO of Advantage Schools, looks back on the first tumultuous decade of this social experiment. Digging deep into the academic, financial, logistic, and political records of seven leading EMOs, including his own, he reveals the potential and pitfalls of their business and educational models, and their actual successes in the classrooms and the boardrooms. Have they given their students a better education? Can they succeed as businesses? Can businesses in fact run better public schools than school districts?
With remarkable honesty and fairness on an ideologically charged topic, Wilson describes the follies and wisdom, overreaching and real accomplishment, of the first education entrepreneurs. Acknowledging that they had much to learn about the real-world challenges of running schools, he passionately defends the promise of private involvement in public schooling.
With Learning One’s Native Tongue, Tracy B. Strong explores the development of the concept of American citizenship and what it means to belong to this country,
starting with the Puritans in the seventeenth century and continuing to the present day. He examines the conflicts over the meaning of citizenship in the writings and speeches of prominent thinkers and leaders ranging from John Winthrop and Roger Williams to Thomas Jefferson, Nathaniel Hawthorne, Abraham Lincoln, Frederick Douglass, and Franklin Roosevelt, among many others who have participated in these important cultural and political debates. The criteria that define what being a citizen entails change over time and in response to historical developments, and they are thus also often the source of controversy and conflict, as with voting rights for women and African Americans. Strong looks closely at these conflicts and the ensuing changes in the conception of citizenship, paying attention to what difference each change makes and what each particular conception entails socially and politically.
A tremendous amount of money flows—particularly within the sphere of East Asian studies, the contributors claim—from foreign agencies and governments to U.S. universities to underwrite courses on their histories and societies. In the process, this volume argues, such funds have gone beyond support to the wholesale subsidization of students in graduate programs, threatening the very integrity of research agendas. Native authority has been elevated to a position of primacy; Asian-born academics are presumed to be definitive commentators in Asian studies, for example. Area studies, the contributors believe, has outlived the original reason for its construction. The essays in this volume examine particular topics such as the development of cultural studies and hyphenated studies (such as African-American, Asian-American, Mexican-American) in the context of the failure of area studies, the corporatization of the contemporary university, the prehistory of postcolonial discourse, and the problematic impact of unformulated political goals on international activism.
Learning Places points to the necessity, the difficulty, and the possibility in higher education of breaking free from an entrenched Cold War narrative and making the study of a specific area part of the agenda of education generally. The book will appeal to all whose research has a local component, as well as to those interested in the future course of higher education generally.
Contributors. Paul A. Bové, Rey Chow, Bruce Cummings, James A. Fujii, Harry Harootunian, Masao Miyoshi, Tetsuo Najita, Richard H. Okada, Benita Parry, Moss Roberts, Bernard S. Silberman, Stefan Tanaka, Rob Wilson, Sylvia Yanagisako, Mitsuhiro Yoshimoto
An avalanche of recent newspapers, weekly newsmagazines, scholarly journals, and academic books has helped to spark a heated debate by publishing warnings of a “boy crisis” in which male students at all academic levels have begun falling behind their female peers. In Learning the Hard Way, Edward W. Morris explores and analyzes detailed ethnographic data on this purported gender gap between boys and girls in educational achievement at two low-income high schools—one rural and predominantly white, the other urban and mostly African American. Crucial questions arose from his study of gender at these two schools. Why did boys tend to show less interest in and more defiance toward school? Why did girls significantly outperform boys at both schools? Why did people at the schools still describe boys as especially “smart”?
Morris examines these questions and, in the process, illuminates connections of gender to race, class, and place. This book is not simply about the educational troubles of boys, but the troubled and complex experience of gender in school. It reveals how particular race, class, and geographical experiences shape masculinity and femininity in ways that affect academic performance. His findings add a new perspective to the “gender gap” in achievement.
For half a century, Dr. Medicine has defied stereotypes, racism, and sexism in her life and work while combating the reductive, patronizing views of Native Americans perpetuated by mainstream anthropologists. This retrospective collection reflects her unswerving commitment to furthering Native Americans' ability to speak for themselves and deal with the problems of contemporary life.
Learning to Be an Anthropologist and Remaining "Native" includes Medicine's clear-eyed views of assimilation, bilingual education, and the adaptive strategies by which Native Americans have conserved and preserved their ancestral languages. Her discussions of sex roles in contemporary Native American societies encompass homosexual orientation among males and females and the "warrior woman" role among Plains Indians as one of several culturally accepted positions according power and prestige to women. The volume also includes Medicine's thoughtful assessments of kinship and family structures, alcoholism and sobriety, the activism implicit in the religious ritual of the Lakota Sioux Sun Dance, and the ceremonial uses of Lakota star quilts.
"The Native American is possibly the least understood ethnic minority in contemporary American society," Medicine observes. Her decades of deliberate, generous, dedicated work have done much to reveal the workings of Native culture while illuminating the effects of racism and oppression on Indian families, kinship units, and social and cultural practices.
Drawing on extensive ethnographic observations, Reyes shows how college campuses shape much more than students’ academic and occupational trajectories; they mold students’ ideas about inequality and opportunity in America, their identities, and even how they intend to practice politics.
In examining these two events, Nagl—the subject of a recent New York Times Magazine cover story by Peter Maass—argues that organizational culture is key to the ability to learn from unanticipated conditions, a variable which explains why the British army successfully conducted counterinsurgency in Malaya but why the American army failed to do so in Vietnam, treating the war instead as a conventional conflict. Nagl concludes that the British army, because of its role as a colonial police force and the organizational characteristics created by its history and national culture, was better able to quickly learn and apply the lessons of counterinsurgency during the course of the Malayan Emergency.
With a new preface reflecting on the author's combat experience in Iraq, Learning to Eat Soup with a Knife is a timely examination of the lessons of previous counterinsurgency campaigns that will be hailed by both military leaders and interested civilians.
In Learning to Glow, twenty-four essays testify to many of the unsuspected human and environmental costs of atomic science. They show that Americans have paid a terrible price for supposedly "winning" the Cold War--for although the nuclear nightmare may be over, we are still living with nuclear threats every day. Writers such as Scott Russell Sanders, Terry Tempest Williams, and Barbara Kingsolver reveal the psychic and emotional fallout of the Cold War and of subsequent developments in nuclear science. The essays include personal testimonies of what it was like to grow up with family members in nuclear-related jobs; hard-hitting journalism on the health and environmental costs of our nuclear policies and practices; and poignant stories of coming to terms with nuclear power, including contributions by writers who revisit Hiroshima in an attempt to heal the wounds left by the Bomb.
These essays offer an alternative to the official version of nuclear history as told to us by school textbooks, government authorities, and nuclear industry officials. They are stories of and by ordinary people who have suffered the consequences of the decisions made by those in power-stories that have been largely ignored, dismissed, or suppressed. They will challenge readers to re-examine their preconceptions about the way we deal with issues of nuclear arms and radioactive waste because they show that nuclear history does not belong to experts but to us all.
Contributors:
Marilou Awiakta
John Bradley
Jim Carrier
Alison Hawthorne Deming
Mary Dickson
Edward Dougherty
Ray Gonzalez
Karl Grossman
Sonya Huber
Barbara Kingsolver
Valerie Kuletz
Mary Laufer
Kay Mack
Craig McGrath
Bill Mesler
Richard H. Minear
Randy Morris
Mayumi Oda
Catherine Quigg
Richard Rawles
Kenneth Robbins
Scott Russell Sanders
David Seaborg
Terry Tempest Williams
Bill Witherup
Phil Woods
Since the mid-1960s, the war on crime has reshaped public attitudes about state authority, criminal behavior, and the responsibilities of citizenship. But how have American writers grappled with these changes? What happens when a journalist approaches the workings of organized crime not through its legendary Godfathers but through a workaday, low-level figure who informs on his mob? Why is it that interrogation scenes have become so central to prime-time police dramas of late? What is behind writers’ recent fascination with “cold case” homicides, with private security, or with prisons?
In Learning to Live with Crime, Christopher P. Wilson examines this war on crime and how it has made its way into cultural representation and public consciousness. Under the sway of neoconservative approaches to criminal justice and public safety, Americans have been urged to see crime as an inevitable risk of modern living and to accept ever more aggressive approaches to policing, private security, and punishment. The idea has been not simply to fight crime but to manage its risks; to inculcate personal vigilance in citizens; and to incorporate criminals’ knowledge through informants and intelligence gathering. At its most scandalous, this study suggests, contemporary law enforcement has even come to mimic crime’s own operations.
For the most part, religious motives underlay reading instruction in colonial America, while secular motives led to writing instruction. Monaghan illuminates the history of these activities through a series of deeply researched and readable case studies. An Anglican missionary battles mosquitoes and loneliness to teach the New York Mohawks to write in their own tongue. Puritan fathers model scriptural reading for their children as they struggle with bereavement. Boys in writing schools, preparing for careers in counting houses, wield their quill pens in the difficult task of mastering a "good hand." Benjamin Franklin learns how to compose essays with no teacher but himself. Young orphans in Georgia write precocious letters to their benefactor, George Whitefield, while schools in South Carolina teach enslaved black children to read but never to write.
As she tells these stories, Monaghan clears new pathways in the analysis of colonial literacy. She pioneers in exploring the implications of the separation of reading and writing instruction, a topic that still resonates in today's classrooms.
Monaghan argues that major improvements occurred in literacy instruction and acquisition after about 1750, visible in rising rates of signature literacy. Spelling books were widely adopted as they key text for teaching young children to read; prosperity, commercialism, and a parental urge for gentility aided writing instruction, benefiting girls in particular. And a gentler vision of childhood arose, portraying children as more malleable than sinful. It promoted and even commercialized a new kind of children's book designed to amuse instead of convert, laying the groundwork for the "reading revolution" of the new republic.
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