The separation of powers along functional lines--legislative, executive, and judicial--has been a core concept of American constitutionalism ever since the Revolution. As noted constitutional law scholar Gerhard Casper points out in this collection of essays, barren assertions of the importance of keeping the powers separate do not capture the complexity of the task when it is seen as separating power flowing from a single source--the people. Popular sovereignty did not underlie earlier versions of the separation of powers doctrine.

Casper vividly illustrates some of the challenges faced by Washington, Adams, Hamilton, Madison, Gallatin, Jefferson, and many others in Congress and the executive branch as they guided the young nation, setting precedents for future generations. He discusses areas such as congressional-executive relations, foreign affairs, appropriations, and the Judiciary Act of 1789 from the separation of powers vantage point.

The picture of our government's formative years that emerges here, of a rich and overlapping understanding of responsibilities and authority, runs counter to rigid, syllogistic views. Separating Power gives us a clear portrait of the issues of separation of power in the founding period, as well as suggesting that in modern times we should be reluctant to tie separation of powers notions to their own procrustean bed.

In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later.

Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.

The United States has a long history of citizens rendering service to their communities. Examples of government-sponsored voluntary service organizations include the Civilian Conservation Corps, the Peace Corps, and Volunteers in Service to America (VISTA). During the Clinton administration, the national service movement was advanced by the establishment of AmeriCorps, a large-scale national service program designed to place young people in community service positions across the country. More recently, the Obama administration has set in motion a major program expansion of AmeriCorps over the coming decade.

Many decades, billions of dollars, and hundreds of thousands of volunteers after the creation of the first national service programs, it remains unclear who benefits from service, under what conditions these programs work best, and how exactly these service efforts contribute to the strengthening of communities. Serving Country and Community answers each of these questions through an in-depth study of how service shapes the lives of young people and a careful analysis of the strengths and weaknesses of these programs. Based on years of field work and data collection, Serving Country and Community provides an in-depth examination of the aims and effects of national service and, in the process, opens up a conversation about what works and what needs reform in national service today.

• bridging the gap between people with disabilities and those without, through empathy, patience, and understanding;
• techniques for training staff and overcoming discomfort;
• making your library accessible for people with mobility issues;
• how to interact with and assist a person with limited sight or hearing;
• guidance for interacting with a service animal handler;
• advice on library programming for people with learning differences; and
• best practices for effective service to patrons who use a speech assistance device.

Over the twentieth century, American Indians fought for their right to be both American and Indian. In an illuminating book, Paul C. Rosier traces how Indians defined democracy, citizenship, and patriotism in both domestic and international contexts.

Battles over the place of Indians in the fabric of American life took place on reservations, in wartime service, in cold war rhetoric, and in the courtroom. The Society of American Indians, founded in 1911, asserted that America needed Indian cultural and spiritual values. In World War II, Indians fought for their ancestral homelands and for the United States. The domestic struggle of Indian nations to defend their cultures intersected with the international cold war stand against termination—the attempt by the federal government to end the reservation system. Native Americans seized on the ideals of freedom and self-determination to convince the government to preserve reservations as places of cultural strength. Red Power activists in the 1960s and 1970s drew on Third World independence movements to assert an ethnic nationalism that erupted in a series of protests—in Iroquois country, in the Pacific Northwest, during the occupation of Alcatraz Island, and at Wounded Knee.

Believing in an empire of liberty for all, Native Americans pressed the United States to honor its obligations at home and abroad. Like African Americans, twentieth-century Native Americans served as a visible symbol of an America searching for rights and justice. American history is incomplete without their story.

As early as the 1780s, African Americans told stories that enabled them to survive and even thrive in the midst of unspeakable assault. Tracing previously unexplored narratives from the late eighteenth century to the 1920s, Laurie Maffly-Kipp brings to light an extraordinary trove of sweeping race histories that African Americans wove together out of racial and religious concerns.

Asserting a role in God's plan, black Protestants sought to root their people in both sacred and secular time. A remarkable array of chroniclers—men and women, clergy, journalists, shoemakers, teachers, southerners and northerners—shared a belief that narrating a usable past offered hope, pride, and the promise of a better future. Combining Christian faith, American patriotism, and racial lineage to create a coherent sense of community, they linked past to present, Africa to America, and the Bible to classical literature. From collected shards of memory and emerging intellectual tools, African Americans fashioned stories that helped to restore meaning and purpose to their lives in the face of relentless oppression.

In a pioneering work of research and discovery, Maffly-Kipp shows how blacks overcame the accusation that they had no history worth remembering. African American communal histories imagined a rich collective past in order to establish the claim to a rightful and respected place in the American present. Through the transformative power of storytelling, these men and women led their people—and indeed, all Americans—into a more profound understanding of their interconnectedness and their prospects for a common future.

The key to professional success in Japan is understanding Japanese people. The authors, seasoned cross-cultural trainers for businesspeople, provide a practical set of guidelines for understanding Japanese people and culture through David A. Victor's LESCANT approach of evaluating a culture's language, environment, social organization, context, authority, nonverbal communication, and time conception. Each chapter addresses one of these topics and shows effective strategies to overcoming cultural barriers and demonstrates how to evaluate the differences between Japan and North America to help avoid common communication mistakes. The book is generously peppered with photographs to provide visual examples. Exploring language and communication topics, international relations, and the business community, this book is an excellent intercultural overview for anyone traveling to or working in Japan.

How do you build successful professional connections with colleagues from Mexico? While most books focus simply on how to avoid common communication mistakes, this book leads its readers to an understanding of how to succeed and thrive within the three cultures, Mexico, the US, and Canada. Kelm, Hernandez-Pozas and Victor present a set of practical guidelines for communicating professionally with Mexicans, both in Mexico and abroad, providing many photographs as examples. The Seven Keys to Communicating in Mexico follows the model of presenting key cultural concepts used in the earlier books by Kelm and Victor on Brazil and (with Haru Yamada) on Japan. Olivia Hernandez-Pozas, Orlando Kelm, and David Victor, well-respected research professors and seasoned cross-cultural trainers for businesspeople, guide readers through Mexican culture using Victor's LESCANT Model (an acronym representing seven key cross-cultural communication areas: Language, Environment, Social Organization, Contexting, Authority, Nonverbal Behavior, and Time). Each chapter addresses one of these topics and demonstrates how to evaluate the differences among Mexican, US, and Canadian cultures. In the final chapter the authors bring all of these cultural interactions together with a sample case study about business interactions between Mexicans and North Americans. The case study includes additional observations from North American and Mexican business professionals who offer related suggestions and recommendations.

On July 31, 1997, a six-man Emergency Service team from the NYPD raided a terrorist cell in Brooklyn and narrowly prevented a suicide bombing of the New York subway that would have cost hundreds, possibly thousands of lives.

Seven Shots tells the dramatic story of that raid, the painstaking police work involved, and its paradoxical aftermath, which drew the officers into a conflict with other rank-and-file police and publicity-hungry top brass. Jennifer C. Hunt draws on her personal knowledge of the NYPD and a network of police contacts extending from cop to four-star chief, to trace the experience of three officers on the Emergency Service entry team and the two bomb squad detectives who dismantled the live device. She follows their lives for five years, from that near-fatal day in 1997, through their encounters inside the brutal world of departmental politics, and on to 9/11, when they once again put their lives at risk in the fight against terrorism, racing inside the burning towers and sorting through the ash, debris, and body parts. Throughout this fast paced narrative, Hunt maintains a strikingly fine-grained, street-level view, allowing us to understand the cops on their own terms—and often in their own words. The result is a compelling insider’s picture of the human beings who work in two elite units in the NYPD and the moral and physical danger and courage involved.

As gripping as an Ed McBain novel—and just as steeped in New York cop culture and personalities—Seven Shots takes readers on an unforgettable journey behind the shield and into the hearts of New York City police.

Richard M. Gummere, writing with characteristic warmth and humor, explores the attitudes toward the classics of seven prominent colonial Americans--Hugh Jones, Robert Calef, Michael Wigglesworth, Samuel Davies, Henry Melhior Muhlenberg, Benjamin Rush, and Thomas Paine.

A companion volume to the author's The American Colonial Mind and the Classical Tradition, this book provides separate, absorbing biographies of these "seven wise men." Each of them was essentially pragmatic and judged the value of the classics not only on the basis of their intrinsic worth but also for their relevance to contemporary problems.

Hugh Jones--who advocated a practical training for the youth of Colonial Virginia--and Benjamin Rush questioned particularly the value of the classics as a requisite part of the school curriculum, although granting their importance for college admission and professional careers. Thomas Paine, openly skeptical about the wisdom of studying Greek and Latin in the original, scattered references in translation throughout his writings, so that he often seems to be "a classicist malgré lui."

Higglesworth, Davies, and Muhlenberg regarded the ancient languages as aids tothe understanding of Christian theology and as basic preparation for both the minister and the layman. Wigglesworth, at home in both ancient and modern literature, peppered his sermons with Latin quotations, but took care to keep his interpolations strictly subservient to the Gospel.

Some academicians and religious leaders adapted or even misinterpreted the classics in order to find in them support for various moralistic positions. Robert Calef opposed this disingenuousness and debated vigorously with Cotton Mather the evils of the Salem witch trial convictions, whose virtue Mather sought to prove by citing classical myths and legends. Calef raised a seemingly lone voice in his plea for a Christian policy of forbearance and understanding.

Biographers, journalists, and satirists have long used the subject of sex to define the masculine character and political authority of America's Founding Fathers. Tracing these commentaries on the Revolutionary Era's major political figures in Sex and the Founding Fathers, Thomas Foster shows how continual attempts to reveal the true character of these men instead exposes much more about Americans and American culture than about the Founders themselves. 

Sex and the Founding Fathers examines the remarkable and varied assessments of the intimate lives of George Washington, Thomas Jefferson, John Adams, Benjamin Franklin, Alexander Hamilton, and Gouverneur Morris from their own time to ours. Interpretations can change radically; consider how Jefferson has been variously idealized as a chaste widower, condemned as a child molester, and recently celebrated as a multicultural hero.  

Foster considers the public and private images of these generally romanticized leaders to show how each generation uses them to reshape and reinforce American civic and national identity. 

Sexual blackmail first reached public notice in the late eighteenth century when laws against sodomy were exploited by the unscrupulous to extort money from those they could entrap. Angus McLaren chronicles this parasitic crime, tracing its expansion in England and the United States through the Victorian era and into the first half of the twentieth century. The labeling of certain sexual acts as disreputable, if not actually criminal--abortion, infidelity, prostitution, and homosexuality--armed would-be blackmailers and led to a crescendo of court cases and public scandals in the 1920s and 1930s. As the importance of sexual respectability was inflated, so too was the spectacle of its loss.

Charting the rise and fall of sexual taboos and the shifting tides of shame, McLaren enables us to survey evolving sexual practices and discussions. He has mined the archives to tell his story through a host of fascinating characters and cases, from male bounders to designing women, from badger games to gold diggers, from victimless crimes to homosexual outing. He shows how these stories shocked, educated, entertained, and destroyed the lives of their victims. He also demonstrates how muckraking journalists, con men, and vengeful women determined the boundaries of sexual respectability and damned those considered deviant. Ultimately, the sexual revolution of the 1960s blurred the long-rigid lines of respectability, leading to a rapid decline of blackmail fears. This fascinating view of the impact of regulating sexuality from the late Victorian Age to our own time demonstrates the centrality of blackmail to sexual practices, deviance, and the law.

Attitudes toward homosexuality range from condemnation to pity to indifference to respect. This range of viewpoints also appears in the legal community, reflected in legislation, legal decisionmaking, and legal scholarship. Sexual Orientation and the Law examines the legal problems faced by gay men and lesbians: the interaction between gays and the criminal justice system; discrimination in public and private employment; first amendment issues posed by gay students and teachers in public schools and universities; legal problems faced in same-sex relationships; child custody and visitation rights, as well as the ability to become foster and adoptive parents; and other contexts, including immigration, insurance, incorporation of gay rights organizations, and local legislation to prevent sexual orientation discrimination.

The Introduction establishes a theoretical framework for approaching gay and lesbian legal issues, and an Afterword updates the comprehensive coverage of all legal developments through the summer of 1989. This review and analysis of the current state of the law is an important part of the discussion and debate that will make antigay discrimination recognized as a legitimate issue and gay concerns part of the mainstream of legal discourse.

Sexual Reckonings is the fascinating tale of adolescent girls coming of age in the South during the most explosive decades for the region. Focusing on the period from 1920 to 1960, Susan Cahn reveals how both the life of the South and the meaning of adolescence underwent enormous political, economic, and social shifts. Those years witnessed the birth of a modern awareness of adolescence and female sexuality that clashed mightily with the white supremacist and patriarchal legacies of the old South. As youth staked its claim, the bodies and beliefs of southern girls became the battlefield for a transformed South, which was, like them, experiencing growing pains.

Cahn reveals how young women, both white and black, were seen as the South's greatest hope and its greatest threat. Viewed as critical actors in every regional crisis, from the economic recession and urban migrations of the 1920s to the racial conflicts precipitated by school desegregation in the 1950s, female teenagers became the conspicuous subjects of social policy and regional imagination. All the while, these adolescents pursued their own desires and discovered their own meanings, creating cracks in the twin pillars of the Jim Crow South--"racial purity" and white male dominance--that would soon be toppled by the student-led civil rights movement.

Sexual Reckonings is an amazingly intimate look at a time of deep personal exploration and profound cultural change for southern girls and for the society they inhabited, a powerful account of the clash between a society's fears and the daily lives and aspirations of its most prized, and unpredictable, population.

A rape victim charges that pornography caused her attacker to become a sex offender. A lesbian mother fights for custody of her child. A transsexual pilot is fired by a commercial airline after undergoing sex change and sues for sex discrimination. A homosexual is denied employment because of sexual orientation. A woman argues that her criminal behavior should be excused because she suffers from premenstrual syndrome. The law has much to say about sexual behavior, but what it says is rarely influenced by the findings of social science research over recent decades. This book focuses for the first time on the dynamic interplay between sexual science and legal decisionmaking.

Reflecting the author's wide experience as a respected sex researcher, expert witness, and lawyer, Sexual Science and the Law provides valuable insights into some of the most controversial social and sexual topics of our time. Drawing on an exhaustive knowledge of the relevant research and citing extensively from case law and court transcripts, Richard Green demonstrates how the work of sexual science could bring about a transformation in jurisprudence, informing the courts in their deliberations on issues such as sexual privacy, homosexuality, prostitution, abortion, pornography, and sexual abuse.

In each case he considers, Green shows how the law has been shaped by social science or impoverished by reliance on conjecture and received wisdom. He examines the role of sexual science in legal controversy, its analysis of human motivation and behavior, and its use by the courts in determining the relative weight to be given the desires of the individual, the standards of society, and the power of the state in limiting sexual autonomy. Unprecedented in its portrayal of sexuality in a legal context, this scholarly but readable book will interest and educate professional and layperson alike—those lawyers, judges, sex educators, therapists, patients, and citizens who find themselves standing nonplussed at the meeting place of morality and behavior.

Taking up topics as diverse and timely as the work of FBI profilers, the pornography debates, feminist analyses of male supremacy as sexual abuse, the ritual meanings of fraternity gang rape, and the interplay of racial and sexual injustice, T. Walter Herbert illuminates the chronic masculine anxieties that seek compensation in fantasies of sexual coercion and in sexual offenses against women. His work offers an unusually clear view of this prevailing convention of insecure and destructive masculinity, which Herbert connects with contemporary analyses of male identity formation, sexuality, and violence and with cultural, political, and ideological developments reaching back to the nation's democratic beginnings.

Reading iconic nineteenth-century texts by Whitman, Hawthorne, and Stowe, and pursuing the articulation of their gender logic in Richard Wright's Native Son, Herbert traces a gender ideology of dominance and submission, its persistence in masculine subcultures like the military and big-time football, and its debilitating effects on imaginations and lives in our own day. In materials as diverse as Hannah Foster's post-Revolutionary War novel The Coquette and the Coen brothers' 1996 movie Fargo, this book taps into popular culture and high art alike to outline the logic of American manhood's violent streak--and its dire consequences for a culture with truly democratic and egalitarian ambitions.

From a behind-the-scenes perspective, David Witwer describes how Pegler and his publisher, the politically powerful Roy W. Howard, shaped the news coverage of this scandal in ways that obscured the corrupt ties between employers and the mob while emphasizing the perceived menace of union leaders empowered by New Deal legislation that had legitimized organized labor. Pegler, Howard, and the rest of the mainstream press pointedly ignored evidence of the active role that business leaders took in the corruption, which badly tarnished the newly reborn labor movement.

Because he was more concerned with pursuing political gains for the conservative movement, Pegler's investigative journalism did little to reform union governance or organized crime's influence on labor unions. The union corruption scandal only undercut the labor movement. Pegler's continuing campaign against labor corruption framed the issue in ways that set the stage for postwar political defeats, culminating with the 1947 Taft-Hartley Act, which greatly limited the power of labor unions in the United States.

Demonstrating clearly and convincingly how journalism is wielded as a political weapon, Witwer studies a broad range of forces at play in the labor union scandal and its impact, including the influence of the press, organized crime, political corruption, and businessmen following their own economic imperatives.

Innovative and engaging, Shadow Traces illuminates how photographs shape the history of marginalized people and outlines a method for using such materials in interdisciplinary research.

Although the linking of "ethics" and "politics" may seem more like the ingredients for a comedian's monologue, it is a sober issue and one that affects every American—especially when it comes to state politics, where the cynical might say ethics can never survive. To find examples of the latest corruption du jour, all one has to do is turn to the newspaper, or switch on the local newscast (think Illinois and New Jersey).

Scandals have been ubiquitous since the beginning of the Republic, but it wasn't until 1954 that ethical self-regulation began to move legislatively beyond bribery statutes to address deeper issues—those which, in New York Governor Thomas Dewey's words, skulked in the "shadowlands of conduct." Rosenson begins her exploration with that moment when New York became the first state to enact a general ethics law, setting standards and guidelines for behavior. Unforgiving and illuminating, she examines the many laws that have been enacted since and the reasons that many of these law came into being.

It is crucial to the functioning of a democratic government to understand how and why ethics laws vary across legislatures, and it is surprising to discover that many states have become far more stringent than the U.S. Congress in laws and regulations. Using both qualitative historical sources and rigorous statistical analysis, Rosenson examines when and why, from 1954 to the present, legislators have enacted ethics laws that seem to threaten their own well-being. Among the economic, political, and institutional factors considered that have helped or hindered the passage of these laws, the most consistent was pure scandal, abetted by the media. To have good government, one must be able to trust it, and this book can help all citizens understand and find their way out of the shadowlands into the light.

Shadows of Doubt reveals how deeply stereotypes distort our interactions, shape crime, and deform the criminal justice system.

If you’re a robber, how do you choose your victims? As a police officer, how afraid are you of the young man you’re about to arrest? As a judge, do you think the suspect in front of you will show up in court if released from pretrial detention? As a juror, does the defendant seem guilty to you? Your answers may depend on the stereotypes you hold, and the stereotypes you believe others hold. In this provocative, pioneering book, economists Brendan O’Flaherty and Rajiv Sethi explore how stereotypes can shape the ways crimes unfold and how they contaminate the justice system through far more insidious, pervasive, and surprising paths than we have previously imagined.

Crime and punishment occur under extreme uncertainty. Offenders, victims, police officers, judges, and jurors make high-stakes decisions with limited information, under severe time pressure. With compelling stories and extensive data on how people act as they try to commit, prevent, or punish crimes, O’Flaherty and Sethi reveal the extent to which we rely on stereotypes as shortcuts in our decision making. Sometimes it’s simple: Robbers tend to target those they stereotype as being more compliant. Other interactions display a complex and sometimes tragic interplay of assumptions: “If he thinks I’m dangerous, he might shoot. I’ll shoot first.”

Shadows of Doubt shows how deeply stereotypes are implicated in the most controversial criminal justice issues of our time, and how a clearer understanding of their effects can guide us toward a more just society.

On February 15, 1851, Shadrach Minkins was serving breakfast at a coffeehouse in Boston when history caught up with him. The first runaway to be arrested in New England under the 1850 Fugitive Slave Law, this illiterate Black man from Virginia found himself the catalyst of one of the most dramatic episodes of rebellion and legal wrangling before the Civil War. In a remarkable effort of historical sleuthing, Gary Collison has recovered the true story of Shadrach Minkins’ life and times and perilous flight. His book restores an extraordinary chapter to our collective history and at the same time offers a rare and engrossing picture of the life of an ordinary Black man in nineteenth-century North America.

As Minkins’ journey from slavery to freedom unfolds, we see what day-to-day life was like for a slave in Norfolk, Virginia, for a fugitive in Boston, and for a free Black man in Montreal. Collison recreates the drama of Minkins’s arrest and his subsequent rescue by a band of Black Bostonians, who spirited the fugitive to freedom in Canada. He shows us Boston’s Black community, moved to panic and action by the Fugitive Slave Law, and the previously unknown community established in Montreal by Minkins and other refugee Blacks from the United States. And behind the scenes, orchestrating events from the disastrous Compromise of 1850 through the arrest of Minkins and the trial of his rescuers, is Daniel Webster, who through the exigencies of his dimming political career, took the role of villain.

Webster is just one of the familiar figures in this tale of an ordinary man in extraordinary circumstances. Others, such as Frederick Douglass, Richard Henry Dana, Jr., Harriet Jacobs, and Harriet Beecher Stowe (who made use of Minkins’s Montreal community in Uncle Tom’s Cabin), also appear throughout the narrative. Minkins’ intriguing story stands as a fascinating commentary on the nation’s troubled times—on urban slavery and Boston abolitionism, on the Underground Railroad, and on one of the federal government’s last desperate attempts to hold the Union together.