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Gambling With Lives
A History of Occupational Health in Greater Las Vegas
Michelle Follette Turk
University of Nevada Press, 2020
The United States has a long and unfortunate history of exposing employees, the public, and the environment to dangerous work. But in April 2009, the spotlight was on Las Vegas when the Pulitzer committee awarded its public service prize to the Las Vegas Sun for its coverage of the high fatalities on Las Vegas Strip construction sites. The newspaper attributed failures in safety policy to the recent “exponential growth in the Las Vegas market.” In fact, since Las Vegas’ founding in 1905, rapid development has always strained occupational health and safety standards.

Gambling with Lives examines the work, hazards, and health and safety programs from the early building of the railroad through the construction of the Hoover Dam, chemical manufacturing during World War II, nuclear testing, and dense megaresort construction on the Las Vegas Strip. In doing so, this comprehensive chronicle reveals the long and unfortunate history of exposing workers, residents, tourists, and the environment to dangerous work—all while exposing the present and future to crises in the region. Complex interactions and beliefs among the actors involved are emphasized, as well as how the medical community interpreted and responded to the risks posed. 

Updated through 2020, this second edition includes new and expanded discussions on:
  • Union activity, sexual harassment and misconduct, and race and employment
  • The change to Las Vegas’ “What happens here, stays here” slogan
  • The MGM Grand Fire and 1918 influenza pandemic
  • Work-related musculoskeletal disorders in the service industry
  • Legionnaire’s Disease outbreaks at resorts
  • Effects of the Route 91 Harvest Festival Shooting
  • The COVID-19 pandemic
Few places in the United States contain this mixture of industrial and postindustrial sites, the Las Vegas area offers unique opportunities to evaluate American occupational health during the twentieth century, and reminds us all about the relevancy of protecting our workers.
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Game Faces
Sport Celebrity and the Laws of Reputation
Sarah K. Fields
University of Illinois Press, 2016
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
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The Game of Conservation
International Treaties to Protect the World’s Migratory Animals
Mark Cioc
Ohio University Press, 2009
The Game of Conservation is a brilliantly crafted and highly readable examination of nature protection around the world. Twentieth-century nature conservation treaties often originated as attempts to regulate the pace of killing rather than as attempts to protect animal habitat. Some were prompted by major breakthroughs in firearm techniques, such as the invention of the elephant gun and grenade harpoons, but agricultural development was at least as important as hunting regulations in determining the fate of migratory species. The treaties had many defects, yet they also served the goal of conservation to good effect, often saving key species from complete extermination and sometimes keeping the population numbers at viable levels. It is because of these treaties that Africa is dotted with large national parks, that North America has an extensive network of bird refuges, and that there are any whales left in the oceans. All of these treaties are still in effect today, and all continue to influence nature-protection efforts around the globe. Drawing on a wide variety of primary and secondary sources, Mark Cioc shows that a handful of treaties—all designed to protect the world’s most commercially important migratory species—have largely shaped the contours of global nature conservation over the past century. The scope of the book ranges from the African savannahs and the skies of North America to the frigid waters of the Antarctic.
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Gay Priori
A Queer Critical Legal Studies Approach to Law Reform
Libby Adler
Duke University Press, 2018
Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.
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Gaylaw
Challenging the Apartheid of the Closet
William N. Eskridge Jr.
Harvard University Press, 1999
This book provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. Part One, which covers the years from the post-Civil War period to the 1980s, is a history of state efforts to discipline and punish the behavior of homosexuals and other people considered to be deviant. During this period such people could get by only at the cost of suppressing their most basic feelings and emotions. Part Two addresses contemporary issues. Although it is no longer illegal to be openly gay in America, homosexuals still suffer from state discrimination in the military and in other realms, and private discrimination and violence against gays is prevalent. William Eskridge presents a rigorously argued case for the "sexualization" of the First Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered "expressive conduct" deserving the protection of the courts. The author draws on legal reasoning, sociological studies, and history to develop an effective response to the arguments made in defense of the military ban. The concluding part of the book locates the author's legal arguments within the larger currents of liberal theory and integrates them into a general stance toward freedom, gender equality, and religious pluralism.
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Gender Bias and the State
Symbolic Reform at Work in Fifth Republic France
Amy G. Mazur
University of Pittsburgh Press, 1996

This is the first systematic study of French policy regarding equal employment for women. Mazur asks why policy makers choose to make symbolic reforms. Is there a certain set of conditions particularly conducive to the formation of symbolic reform? If symbolic reforms are meant to do nothing, why do governments allocate limited resources to them?
    Mazur examines five legislative proposals, dating from 1967 to 1982, three of which resulted in legislation: the 1972 Equal Pay Law. the 1975 Equal Treatment Law, and the 1983 Egalité Professionelle Law. These five case studies reveal the continuity over three decades of “symbolic” reform, reform that does not solve the problem it was designed to address.

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Gender Justice
David Kirp, Mark Yudof, and Marlene Franks Strong
University of Chicago Press, 1985
Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.
[more]

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Gendered Asylum
Race and Violence in U.S. Law and Politics
Sara L. McKinnon
University of Illinois Press, 2016
Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience.

Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality.

Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.

[more]

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Getting Screwed
Sex Workers and the Law
Alison Bass
University Press of New England, 2015
Alison Bass weaves the true stories of sex workers with the latest research on prostitution into a gripping journalistic account of how women (and some men) navigate a culture that routinely accepts the implicit exchange of sex for money, status, or even a good meal, but imposes heavy penalties on those who make such bargains explicit. Along the way, Bass examines why an increasing number of middle-class white women choose to become sex workers and explores how prostitution has become a thriving industry in the twenty-first-century global economy. Situating her book in American history more broadly, she also discusses the impact of the sexual revolution, the rise of the Nevada brothels, and the growing war on sex trafficking after 9/11. Drawing on recent studies that show lower rates of violence and sexually transmitted diseases, including HIV, in regions where adult prostitution is legal and regulated, Bass makes a powerful case for decriminalizing sex work. Through comparisons of the impact of criminalization vs. decriminalization in other countries, her book offers strategies for making prostitution safer for American sex workers and the communities in which they dwell. This riveting assessment of how U.S. anti-prostitution laws harm the public health and safety of sex workers and other citizens—and affect larger societal attitudes toward women—will interest feminists, sociologists, lawyers, health-care professionals, and policy makers. The book also will appeal to anyone with an interest in American history and our society’s evolving attitudes toward sexuality and marriage.
[more]

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Gibbons v. Ogden, Law, and Society in the Early Republic
Thomas H. Cox
Ohio University Press, 2009

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.

Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history.

Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

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The Glass House Boys of Pittsburgh
James L. Flannery
University of Pittsburgh Press, 2009
At the end of the nineteenth century, Pittsburgh was leading the nation in glass production, and glass bottle plants in particular relied heavily on adolescent (and younger) males for their manufacturing process. These “glass house boys” worked both day and night, as plants ran around the clock to meet production demands and remain price competitive with their newly-automated rivals. Boys performed menial tasks, received low wages, and had little to say on their own behalf.

By the turn of the century, most states had enacted laws banning children from working at night, and coupled with compulsory education requirements, had greatly reduced the use of children in industry. In western Pennsylvania, however, child labor was deeply entrenched, and Pennsylvania lawmakers lagged far behind the rest of the nation. In The Glass House Boys of Pittsburgh, James L. Flannery presents an original and compelling examination of legislative clashes over the singular issue of the glass house boys. He reveals the many societal, economic, and political factors at work that allowed for the perpetuation of child labor in this industry and region.

Through extensive research in Pennsylvania state legislature archives, National Child Labor Committee reports, and union and industry journals, Flannery uncovers a complex web of collusion between union representatives, industrialists, and legislators that kept child labor reform at bay. Despite national pressure, a concerted effort by reformers, and changes to education laws, the slow defeat of the “glass house exception” in 1915 came about primarily because of technological advances in the glass bottle industry that limited the need for child labor.
[more]

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The Global Guide to Animal Protection
Edited by Andrew Linzey
University of Illinois Press, 2013
Raising awareness of human indifference and cruelty toward animals, The Global Guide to Animal Protection includes more than 180 introductory articles that survey the extent of worldwide human exploitation of animals from a variety of perspectives. In addition to entries on often disturbing examples of human cruelty toward animals, the book provides inspiring accounts of attempts by courageous individuals--including Jane Goodall, Shirley McGreal, Birute Mary Galdikas, Richard D. Ryder, and Roger Fouts--to challenge and change exploitative practices.
 
As concern for animals and their welfare grows, this volume will be an indispensable aid to general readers, activists, scholars, and students interested in developing a keener awareness of cruelty to animals and considering avenues for reform. Also included is a special foreword by Archbishop Desmond Tutu, urging readers to seek justice and protection for all creatures, humans and animals alike.

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Global Homophobia
States, Movements, and the Politics of Oppression
Edited by Meredith L. Weiss and Michael J. Bosia
University of Illinois Press, 2013
While homophobia is commonly characterized as individual and personal prejudice, this collection of essays instead explores homophobia as a transnational political phenomenon. Editors Meredith L. Weiss and Michael J. Bosia theorize homophobia as a distinct configuration of repressive state-sponsored policies and practices with their own causes, explanations, and effects on how sexualities are understood and experienced in a variety of national contexts. The essays cover a broad range of geographic cases, including France, Ecuador, Iran, Lebanon, Poland, Singapore, and the United States.

Combining rich empirical analysis with theoretical synthesis, these studies examine how homophobia travels across complex and ambiguous transnational networks, how it achieves and exerts decisive power, and how it shapes the collective identities and strategies of those groups it targets. The first comparative volume to focus specifically on the global diffusion of homophobia and its implications for an emerging worldwide LGBT movement, Global Homophobia opens new avenues of debate and dialogue for scholars, students, and activists.

Contributors are Mark Blasius, Michael J. Bosia, David K. Johnson, Kapya J. Kaoma, Christine (Cricket) Keating, Katarzyna Korycki, Amy Lind, Abouzar Nasirzadeh, Conor O'Dwyer, Meredith L. Weiss, and Sami Zeidan.

[more]

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Governing Nonprofit Organizations
Federal and State Law and Regulation
Marion R. Fremont-Smith
Harvard University Press, 2008

The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement.

Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.

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Governing the Global Economy
International Finance and the State
Ethan Kapstein
Harvard University Press, 1994
No area has become more global in its operations, more volatile, and thus more difficult to monitor and control than international banking. In this book, the international banker and political economist Ethan Kapstein explores the actions that governments have taken to cope with the economic and political consequences associated with the globalization of international finance.
[more]

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Governing the Workplace
The Future of Labor and Employment Law
Paul C. Weiler
Harvard University Press, 1990

During the past thirty years, the American workplace has undergone fundamental changes in the composition of its workforce, its technology, its financial structure, and its competitive position. These social and economic transformations have been paralleled by equally profound changes in the legal framework of the employment relationship. The National Labor Relations Act has proved incapable of protecting the long-established right of employees to union representation against growing resistance by employers. And to fill the gap created by the decline of unions, the legislatures and courts have been busy creating and enforcing many new individual employee rights.

Governing the Workplace addresses this new world of work. Its main concern is with the question of who will represent the interests of workers in major decisions about their lives: how and when they will be hired, fired, and retired, and how they will be treated when they are on the job. The book examines in vivid detail many real-life problems, ranging from wrongful dismissal and mandatory drug testing to pay equity and occupational safety, to employee involvement on the shop floor and in the corporate boardroom. Should workers be represented by a lawyer in the courtroom, by a government official in charge of an administrative program, by the employer’s personnel manager, by the union leader engaged in collective bargaining with the employer, or by the employees themselves participating in a committee that exercises real influence inside the firm? After undertaking a systematic appraisal of each of these options, leading labor lawyer Paul Weiler develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.

[more]

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The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
[more]

front cover of The Grasping Hand
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
[more]

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Greek Homosexuality
K. J. Dover
Harvard University Press, 1989

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Greek Homosexuality
Updated and with a New Postscript
K. J. Dover
Harvard University Press, 1989
To what extent and in what ways was homosexuality approved by the ancient Greeks? An eminent classicist examines the evidence—vase paintings, archaic and classical poetry, the dialogues of Plato, speeches in the law courts, the comedies of Aristophanes—and reaches provocative conclusions. A discussion of female homosexuality is included.
[more]

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Gross Misbehavior and Wickedness
A Notorious Divorce in Early Twentieth-Century America
Jean Elson
Temple University Press, 2017
The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of—and gossip about—their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century. 
 
Gross Misbehavior and Wickedness—the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty—recounts the protracted legal proceedings in juicy detail.
Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce—in an era when women needed husbands for economic support—was associated with women’s aspirations for independence and rights. The Walkers’ dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture. 
 
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Grounded Authority
The Algonquins of Barriere Lake against the State
Shiri Pasternak
University of Minnesota Press, 2017

Western Political Science Association's Clay Morgan Award for Best Book in Environmental Political Theory
Canadian Studies Network Prize for the Best Book in Canadian Studies
Nominated for Best First Book Award at NAISA
Honorable Mention: Association for Political and Legal Anthropology Book Prize


Since Justin Trudeau’s election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era—including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy. 

Grounded Authority chronicles the band’s ongoing attempts to restore full governance over its lands and natural resources through an agreement signed by settler governments almost three decades ago—an agreement the state refuses to fully implement. Pasternak argues that the state’s aversion to recognizing Algonquin jurisdiction stems from its goal of perfecting its sovereignty by replacing the inherent jurisdiction of Indigenous peoples with its own, delegated authority. From police brutality and fabricated sexual abuse cases to an intervention into and overthrow of a customary government, Pasternak provides a compelling, richly detailed account of rarely documented coercive mechanisms employed to force Indigenous communities into compliance with federal policy.

A rigorous account of the incredible struggle fought by the Algonquins to maintain responsibility over their territory, Grounded Authority provides a powerful alternative model to one nation’s land claims policy and a vital contribution to current debates in the study of colonialism and Indigenous peoples in North America and globally.

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The Gulf of California
Biodiversity and Conservation
Richard C. Brusca
University of Arizona Press, 2010

Few places in the world can claim such a diversity of species as the Gulf of California (Sea of Cortez), with its 6,000 recorded animal species estimated to be half the number actually living in its waters. So rich are the Gulf's water that over a half-million tons of seafood are taken from them annually—and this figure does not count the wasted by-catch, which would triple or quadruple that tonnage. This timely book provides a benchmark for understanding the Gulf's extraordinary diversity, how it is threatened, and in what ways it is—or should be—protected.

In spite of its dazzling richness, most of the Gulf's coastline now harbors but a pale shadow of the diversity that existed just a half-century ago. Recommendations based on sound, careful science must guide Mexico in moving forward to protect the Gulf of California.

This edited volume contains contributions by twenty-four Gulf of California experts, from both sides of the U.S.-Mexico border. From the origins of the Gulf to its physical and chemical characteristics, from urgently needed conservation alternatives for fisheries and the entire Gulf ecosystem to information about its invertebrates, fishes, cetaceans, and sea turtles, this thought-provoking book provides new insights and clear paths to achieve sustainable use solidly based on robust science. The interdisciplinary, international cooperation involved in creating this much-needed collection provides a model for achieving success in answering critically important questions about a precious but rapidly disappearing ecological treasure.

[more]

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Guns, Democracy, and the Insurrectionist Idea
Joshua Horwitz and Casey Anderson
University of Michigan Press, 2009

The NRA steadfastly maintains that the 30,000 gun-related deaths and 300,000 assaults with firearms in the United States every year are a small price to pay to guarantee freedom. As former NRA President Charlton Heston put it, "freedom isn't free."

And when gun enthusiasts talk about Constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government.

In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme "militia" groups to influence state and national policy.

In Guns, Democracy, and the Insurrectionist Idea, Josh Horwitz and Casey Anderson reveal that the proponents of this view base their argument on a deliberate misreading of history. The Insurrectionist myth has been forged by twisting the facts of the American Revolution and the founding of the United States, the denial of civil rights to African-Americans after the Civil War, and the rise of the Third Reich under Adolf Hitler. Here, Horwitz and Anderson set the record straight. Then, challenging the proposition that more guns equal more freedom, they expose Insurrectionism---not government oppression---as the true threat to freedom in the U.S. today.

Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. He is Executive Director of the Coalition to Stop Gun Violence and the Educational Fund to Stop Gun Violence. He has spent nearly two decades working on gun violence prevention issues. He lives in Arlington, Virginia.

Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C. He has served in senior staff positions with the U.S. Congress, the Coalition to Stop Gun Violence, and Americans for Gun Safety. He lives in Arlington, Virginia.

[more]

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Guns in Law
Austin Sarat
University of Massachusetts Press, 2019
Weapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants "mistrust the people and deprive them of their arms." Today ownership of weapons—whether handguns or military-grade assault weapons—poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights.

The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.
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