The imposition of modern American colonial rule has defined U.S.–indigenous relations since the time of the American Civil War. In resistance, Kevin Bruyneel asserts, indigenous political actors work across American spatial and temporal boundaries, demanding rights and resources from the government while also challenging the imposition of colonial rule over their lives. This resistance engenders what he calls a “third space of sovereignty,” which resides neither inside nor outside the U.S. political system but rather exists on its boundaries, exposing both the practices and limitations of American colonial rule.
The Third Space of Sovereignty offers fresh insights on such topics as the crucial importance of the formal end of treaty-making in 1871, indigenous responses to the prospect of U.S. citizenship in the 1920s, native politics during the tumultuous civil rights era of the 1960s, the question of indigenousness in the special election of California’s governor in 2003, and the current issues surrounding gaming and casinos.
In this engaging and provocative work, Bruyneel shows how native political actors have effectively contested the narrow limits that the United States has imposed on indigenous people’s ability to define their identity and to develop economically and politically on their own terms.
Kevin Bruyneel is assistant professor of politics at Babson College.
"Three Capitals is an in-depth study of Alabama's first three seats of government--St. Stephens, Huntsville, and Cahawba.... The University of Alabama Press has reprinted the book in a handsome new edition with a pertinent introduction by Malcolm C. McMillan. Brantley's study is a tribute to the accomplishments of an amateur historian and contains a wealth of useful information."
--Bulletin of the History of the Early American Republic
“Benjamin Franklin Cooling has produced a triumphant third volume to his definitive study of Tennessee and Kentucky in the Civil War. Like his first two volumes, this one perfectly integrates the home front and battlefield, demonstrating that civilians were continually embroiled in the war in intense ways comparable to and often surpassing the violence experienced by soldiers on the battlefield. The impacts of armies, guerrillas, and other military forces on civilians was continual, terrifying, and brutal in nearly all parts of the Confederacy’s Heartland.” —T. Michael Parrish, Linden G. Bowers Professor of American History, Baylor University
“Cooling’s scholarship is indeed sound and based on extensive research in a variety of original sources that range from manuscript collections to newspapers, with an exhaustive list of secondary sources. His work represents the first new interpretations of this important part of the war in decades.” —Archie P. McDonald, Regent’s Professor and Community Liaison, Stephen F. Austin State University
In two preceding volumes, Forts Henry and Donelson and Fort Donelson’s Legacy, Benjamin Franklin Cooling offered a sweeping portrayal of war and society in the upper southern heartland of Kentucky and Tennessee during the first two and a half years of the Civil War. This book continues that saga as Cooling probes the profound turmoil—on the battlefield, on the home front, within the shadow areas where lawlessness reigned—that defined the war in the region as it ground to its close.
By 1864 neither the Union’s survival nor the South’s independence was any more apparent than at the beginning of the war. The grand strategies of both sides were still evolving, and Tennessee and Kentucky were often at the cusp of that work. With his customary command of myriad sources, Cooling examines the heartland conflict in all its aspects: the Confederate cavalry raids and Union counteroffensives; the harsh and punitive Reconstruction policies that were met with banditry and brutal guerrilla actions; the disparate political, economic, and sociocultural upheavals; the ever-growing war weariness of the divided populations; and the climactic battles of Franklin and Nashville that ended the Confederacy’s hopes in the Western Theater. Especially notable in this volume is Cooling’s use of the latest concepts of “hybrid” or “compound war” that national security experts have applied to the twenty-first-century wars in Iraq and Afghanistan—a mode of analysis that explores how catastrophic terrorism and disruptive lawlessness mix with traditional combat and irregular operations to form a new kind of warfare. Not only are such concepts relevant to the historical study of the Civil War in the heartland, Cooling suggests, but by the same token, their illumination of historical events can only enrich the ways in which policymakers view present-day conflicts.
In chronicling Tennessee and Kentucky’s final rite of passage from war to peace, To the Battles of Franklin and Nashville and Beyond is in every way a major contribution to Civil War literature by a masterful historian.
Tracing the erosion of democratic norms in the US and the conditions that make it possible
Jonathan Beecher Field tracks the permutations of the town hall meeting from its original context as a form of democratic community governance in New England into a format for presidential debates and a staple of corporate governance. In its contemporary iteration, the town hall meeting models the aesthetic of the former but replaces actual democratic deliberation with a spectacle that involves no immediate electoral stakes or functions as a glorified press conference. Urgently, Field notes that though this evolution might be apparent, evidence suggests many US citizens don’t care to differentiate.
Forerunners: Ideas First
Short books of thought-in-process scholarship, where intense analysis, questioning, and speculation take the lead
Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780–1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870–1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country’s crises. In more recent years he has written extensively on the legal realists and the Warren Court.
Following an earlier festschrift volume by his former students, this volume includes essays by Horwitz’s colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz’s work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
“Krutz and Peake’s book . . . puts another stake in the heart of the ‘imperial presidency’ argument.”
—Lisa L. Martin, University of Wisconsin–Madison, American Review of Politics
“Krutz and Peake reach their conclusions as a result of carefully crafted examination that might be cited as a model of political analysis of this sort . . . As [they] introduce each chapter with a summary of the argument as developed and supported to that point, the reader can enter into and understand their discussion and argument at virtually any point in the book. In sum, Treaty Politics and the Rise of Executive Agreements is a clearly written and important book that adds substantially to the existing literature on the presidency and on presidential-congressional relations.”
—Roger E. Kanet, University of Miami, International Studies Review
“One can only hope that this fine and challenging book starts an argument, or at least a dialogue, about presidential power in a post-Bush era. It merits the attention of presidency and congressional scholars, and those interested in the interaction of America’s political institutions.”
—Michael A. Genovese, Loyola Marymount University, Journal of Politics
Court administrators and judges have long acknowledged that culture plays an important role in the function of trial courts. Trial Courts as Organizations provides a comprehensive framework for understanding this organizational culture, along with a set of steps and tools to assess and measure the current and preferred culture.
The authors examine how courts operate, what characteristics they may display, and how they function as a unit to preserve judicial independence, strengthen organizational leadership, and influence court performance. They identify four different types of institutional cultures using a systematic analysis of alternative values on how work is done. Each culture is shown to have its own strengths and weaknesses in achieving values, such as timely case resolution, access to court services, and procedural justice. Accordingly, the authors find judges and administrators prefer a definite pattern of different cultures, called a "mosaic," to guide how their courts operate in the future.
The first scholarly treatment of the strategies employed by the New Christian Right in litigating cases regarding religion
Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel.
Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.
Why do constituents sometimes defer to their representative's judgment, rewarding her for acting as she thinks best, even when she ignores their demands? By making decisions about trust, constituents determine whether their representative is rewarded for implementing their demands or for using her judgment. These decisions shape legislator behavior and, through behavior, policy outcomes. Therefore, any attempt to explain or evaluate representative institutions such as the modern Congress requires an answer to a simple question: When do constituents trust their representative, and what is the basis of that trust?
This book is the first systematic analysis of constituent trust. It assumes that elected officials and ordinary citizens are rational actors. However, the book moves beyond the standard rational choice framework in three ways. It avoids narrow, unrealistic assumptions about motivations and information. It shows that many kinds of behavior not usually thought of as rational choices, such as a voter's desire to be represented by "someone like them," are the product of a systematic, predictable calculus---a calculus aimed at securing favorable policy outcomes. Finally, the book uses interviews with ninety-three members of the U.S. House of Representatives to test its predictions about trust.
The sudden emergence of the Trump nation surprised nearly everyone, including journalists, pundits, political consultants, and academics. When Trump won in 2016, his ascendancy was widely viewed as a fluke. Yet time showed it was instead the rise of a movement—angry, militant, revanchist, and unabashedly authoritarian.
How did this happen? Twilight of the American State offers a sweeping exploration of how law and legal institutions helped prepare the grounds for this rebellious movement. The controversial argument is that, viewed as a legal matter, the American state is not just a liberal democracy, as most Americans believe. Rather, the American state is composed of an uneasy and unstable combination of different versions of the state—liberal democratic, administered, neoliberal, and dissociative. Each of these versions arose through its own law and legal institutions. Each emerged at different times historically. Each was prompted by deficits in the prior versions. Each has survived displacement by succeeding versions. All remain active in the contemporary moment—creating the political-legal dysfunction America confronts today.
Pierre Schlag maps out a big picture view of the tribulations of the American state. The book abjures conventional academic frameworks, sets aside prescriptions for quick fixes, dispenses with lamentations about polarization, and bypasses historical celebrations of the American Spirit.
One of the central questions of political science has been whether politicians control the bureaucracy, or whether the bureaucracy possesses independent authority from democratic institutions of government. Relying on advanced statistical techniques and case studies, George Krause argues instead for a dynamic system of influence—one allowing for two-way interaction among the president, congress, and bureaucratic agencies. Krause argues that politicians and those responsible for implementing policy respond not only to each other, but also to events and conditions within each government institution as well as to the larger policy environment. His analysis and conclusions will challenge conventional theoretical and empirical wisdom in the field of administrative politics and public bureaucracy.
A challenge to the long-held view that the only important and influential politicians in post-Reconstruction Deep South states were Democrats.
In this insightful and exhaustively researched volume, Samuel L. Webb presents new evidence that, contrary to popular belief, voters in at least one Deep South state did not flee en masse from the Republican party after Reconstruction. As Webb demonstrates conclusively, the party gained strength among white voters in Upcountry areas of northern Alabama between 1896 and 1920. Not only did GOP presidential candidates win more than a dozen area counties but Republican congressional candidates made progress in Democratic strongholds, and local GOP officials gained control of several county courthouses.
Nor were these new Republicans simply the descendants of anti-Confederate families, as some historians have claimed. Rather, they were former independents, Greenbackers, and Populists, who, in keeping with the 1890s Populist movement, were reacting against what they perceived as the control of the Democratic party by "moneyed elites" and planter landlords. Webb also breaks with previous historical opinion by showing that ex-Populists in the Hill Country, who had been radical reformers during the 1890s, remained reform minded after 1900.
Webb's ground-breaking reassessment of Alabama state politics from Reconstruction to the 1920s describes a people whose political culture had strong roots in the democratic and egalitarian Jacksonian ideology that dominated north Alabama in the antebellum period. These people carried forward elements of Jacksonianism into the late 19th century, with its tenets continuing to influence them well into the early 20th century.
Why do politicians frequently heed the preferences of small groups of citizens over those of the majority? Breaking new theoretical ground, Benjamin Bishin explains how the desires of small groups, which he calls “subconstituencies,” often trump the preferences of much larger groups.
Demonstrating the wide applicability of his “unified theory of representation,” Bishin traces politicians' behavior in connection with a wide range of issues, including the Cuban trade embargo, the extension of hate-crimes legislation to protect gay men and lesbians, the renewal of the assault-weapons ban, and abortion politics. In the process, he offers a unique explanation of when, why, and how special interests dominate American national politics.
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