At first glance, campaign finance reform looks like a good idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national political parties from accepting soft money contributions from corporations, labor unions, and wealthy individuals. But are such measures, or any of the numerous and similarly restrictive proposals that have circulated through Washington in recent years, really good for our democracy?
John Samples says no, and here he takes a penetrating look into the premises and consequences of the long crusade against big money in politics. How many Americans, he asks, know that there is little to no evidence that campaign contributions really influence members of Congress? Or that so-called negative political advertising actually improves the democratic process by increasing voter turnout and knowledge? Or that limits on campaign contributions make it harder to run for office, thereby protecting incumbent representatives from losing their seats of power?
Posing tough questions such as these, Samples uncovers numerous fallacies beneath proposals for campaign finance reform. He argues that our most common concerns about money in politics are misplaced because the ideals implicit in our notion of corruption are incoherent or indefensible. The chance to regulate money in politics allows representatives to serve their own interests at a cost to their constituents. And, ironically, this long crusade against the corruption caused by campaign contributions allows public officials to reduce their vulnerability by suppressing electoral competition.
Defying long-held ssumptions and conventional political wisdom, The Fallacy of Campaign Finance Reform is a provocative and decidedly nonpartisan work that will be essential for anyone concerned about the future of American government.
Female Gladiators is the first book to examine legal and social battles over the right of women to participate with men in contact sports. The impetus to begin legal proceedings was the 1972 enactment of Title IX, which prohibited discrimination in educational settings, but it was the Equal Protection Clause of the U.S. Constitution and the equal rights amendments of state constitutions that ultimately opened doors. Despite court rulings, however, many in American society resisted—and continue to resist—allowing girls in dugouts and other spaces traditionally defined as male territories.
Inspired, women and girls began to demand access to the contact sports which society had previously deemed too strenuous or violent for them to play. When the leagues continued to bar girls simply because they were not boys, the girls went to court. Sarah K. Fields's Female Gladiators is the only book to examine the legal and social battles over gender and contact sport that continue to rage today.
Well known as an abolitionist stronghold before the Civil War, Massachusetts had taken steps to eliminate slavery as early as the 1780s. Nevertheless, a powerful racial caste system still held sway, reinforced by a law prohibiting “amalgamation”—marriage between whites and blacks. The Fight for Interracial Marriage Rights in Antebellum Massachusetts chronicles a grassroots movement to overturn the state’s ban on interracial unions. Assembling information from court and church records, family histories, and popular literature, Amber D. Moulton recreates an unlikely collaboration of reformers who sought to rectify what, in the eyes of the state’s antislavery constituency, appeared to be an indefensible injustice.
Initially, activists argued that the ban provided a legal foundation for white supremacy in Massachusetts. But laws that enforced racial hierarchy remained popular even in Northern states, and the movement gained little traction. To attract broader support, the reformers recalibrated their arguments along moral lines, insisting that the prohibition on interracial unions weakened the basis of all marriage, by encouraging promiscuity, prostitution, and illegitimacy. Through trial and error, reform leaders shaped an appeal that ultimately drew in Garrisonian abolitionists, equal rights activists, antislavery evangelicals, moral reformers, and Yankee legislators, all working to legalize interracial marriage.
This pre–Civil War effort to overturn Massachusetts’ antimiscegenation law was not a political aberration but a crucial chapter in the deep history of the African American struggle for equal rights, on a continuum with the civil rights movement over a century later.
Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.
Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.
Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.
On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.
High-profile case studies provide compliance professionals with a deep, holistic understanding of modern-day money laundering to better detect and deter it
Money laundering is a serious crime that presents a heightened, yet underrated, global threat. Although often thought of as a victimless crime, money laundering significantly impacts the global financial system, which leads to further crime, corruption, human exploitation, and environmental degradation and causes tremendous human suffering, especially in the most impoverished populations. Recent advances in technology, communications, and globalization mean there are more illicit funds in circulation today than ever before. In order to catch these criminals and expose their underground networks, compliance professionals must learn to navigate an increasingly complex web of criminal activity.
In The Flow of Illicit Funds, Ola M. Tucker goes beyond the implementation of anti–money laundering compliance programs offered by most guides and provides professionals with a holistic understanding of the modern money laundering system. Using recent case studies, Tucker explains some of the most common money laundering techniques used by criminals today, describes the key role of the financial system in the disguise and transfer of illicit funds, and offers valuable insight into how financial institutions can protect themselves from being used as conduits for the movement of dirty money. The book concludes by offering suggestions to help compliance professionals better detect and deter money laundering.
Through this unique perspective, compliance professionals and students will gain a broader overall understanding of the process of money laundering and the techniques criminals commonly use, including valuable insight into how criminals find legal loopholes and manipulate the financial system.
From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.
From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies
The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children.
Contributors
Tomiko Brown-Nagin
Davison M. Douglas
Raymond Gavins
Laurie B. Green
Christina Greene
Blair L. M. Kelley
Michael J. Klarman
Peter F. Lau
Madeleine E. Lopez
Waldo E. Martin Jr.
Vicki L. Ruiz
Christopher Schmidt
Larissa M. Smith
Patricia Sullivan
Kara Miles Turner
Mark V. Tushnet
During the tumultuous decade before the Civil War, no issue was more divisive than the pursuit and return of fugitive slaves—a practice enforced under the Fugitive Slave Act of 1850. When free Blacks and their abolitionist allies intervened, prosecutions and trials inevitably followed. These cases involved high legal, political, and—most of all—human drama, with runaways desperate for freedom, their defenders seeking recourse to a “higher law” and normally fair-minded judges (even some opposed to slavery) considering the disposition of human beings as property.
Fugitive Justice tells the stories of three of the most dramatic fugitive slave trials of the 1850s, bringing to vivid life the determination of the fugitives, the radical tactics of their rescuers, the brutal doggedness of the slavehunters, and the tortuous response of the federal courts. These cases underscore the crucial role that runaway slaves played in building the tensions that led to the Civil War, and they show us how “civil disobedience” developed as a legal defense. As they unfold we can also see how such trials—whether of rescuers or of the slaves themselves—helped build the northern anti-slavery movement, even as they pushed southern firebrands closer to secession.
How could something so evil be treated so routinely by just men? The answer says much about how deeply the institution of slavery had penetrated American life even in free states. Fugitive Justice powerfully illuminates this painful episode in American history, and its role in the nation’s inexorable march to war.
In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political. But as the politics fade and the law's many complex provisions take effect, a much more interesting question begins to emerge: How will the law affect the American health care regime in the coming years and decades?
This book brings together fourteen leading scholars from the fields of law, economics, medicine, and public health to answer that question. Taking discipline-specific views, they offer their analyses and predictions for the future of health care reform. By turns thought-provoking, counterintuitive, and even contradictory, the essays together cover the landscape of positions on the PPACA's prospects. Some see efficiency growth and moderating prices; others fear a strangling bureaucracy and spiraling costs. The result is a deeply informed, richly substantive discussion that will trouble settled positions and lay the groundwork for analysis and assessment as the law's effects begin to become clear.
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