front cover of Hard Bargains
Hard Bargains
The Coercive Power of Drug Laws in Federal Court
Mona Lynch
Russell Sage Foundation, 2016
The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts.
 
As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights.  For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs.
 
Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
 
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front cover of Hatred at Home
Hatred at Home
al-Qaida on Trial in the American Midwest
Andrew Welsh-Huggins
Ohio University Press, 2011

One day in 2002, three friends—a Somali immigrant, a Pakistan–born U.S. citizen, and a hometown African American—met in a Columbus, Ohio coffee shop and vented over civilian casualties in the war in Afghanistan. Their conversation triggered an investigation that would become one of the most unusual and far–reaching government probes into terrorism since the 9/11 attacks.

Over several years, prosecutors charged each man with unrelated terrorist activities in cases that embodied the Bush administration’s approach to fighting terrorism at home.

Government lawyers spoke of catastrophes averted; defense attorneys countered that none of the three had done anything but talk. The stories of these homegrown terrorists illustrate the paradox the government faces after September 11: how to fairly wage a war against alleged enemies living in our midst.

Hatred at Home is a true crime drama that will spark debate from all political corners about safety, civil liberties, free speech, and the government’s war at home.

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front cover of Hawaiian Blood
Hawaiian Blood
Colonialism and the Politics of Sovereignty and Indigeneity
J. Kauanui Kahaulani
Duke University Press, 2008
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership.

Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

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front cover of Historical Gloss and Foreign Affairs
Historical Gloss and Foreign Affairs
Constitutional Authority in Practice
Curtis A. Bradley
Harvard University Press, 2024

A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress.

In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”

Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.

Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

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front cover of A History of Mortgage Banking in the West
A History of Mortgage Banking in the West
Financing America's Dreams
E. Michael Rosser
University Press of Colorado, 2017

Part economic history, part public history, A History of Mortgage Banking in the West is an insider’s account of how the mortgage banking sector worked over the last 150 years, including analysis of the causes of the 2007 mortgage crisis. Beginning with the land and railroad development acts that encouraged settlement in the west, E. Michael Rosser and Diane M. Sanders trace the laws, institutions, and individuals that contributed to the economic growth of the region.

Using Colorado and the west as a case study for the nation’s economic and property development as a whole since the late nineteenth century, Rosser and Sanders explain how farm mortgages and agricultural lending steadily gave way to urban development and housing mortgages, all while the large mortgage and investment firms financed the development of some of the state’s most important water resources and railroad networks. Rosser uses his personal experience as a lifelong practitioner and educator of mortgage banking, along with a plethora of primary sources, academic archives, and industry publications, to analyze the causes of economic booms and busts as they relate to real estate and development.

Rosser’s professional acumen combined with Sanders’s research experience makes A History of Mortgage Banking in the West a rich and nuanced account of the region’s most significant economic events. It will be an important work for scholars and practitioners in regional and financial history, mortgage market practice and development, government housing and mortgage policy, and financial stability and of great significance to anyone curious about the role of the federal government in national housing policy and the inherent risk in mortgages.

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front cover of How the Indians Lost Their Land
How the Indians Lost Their Land
Law and Power on the Frontier
Stuart Banner
Harvard University Press, 2007

Between the early seventeenth century and the early twentieth,nearly all the land in the United States was transferred from AmericanIndians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?

Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.

This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

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front cover of Human Dignity and the Future of Global Institutions
Human Dignity and the Future of Global Institutions
Mark P. Lagon and Anthony Clark Arend, Editors
Georgetown University Press, 2014

What does human dignity mean and what role should it play in guiding the mission of international institutions? In recent decades, global institutions have proliferated—from intergovernmental organizations to hybrid partnerships. The specific missions of these institutions are varied, but is there a common animating principle to inform their goals? Presented as an integrated, thematic analysis that transcends individual contributions, Human Dignity and the Future of Global Institutions argues that the concept of human dignity can serve as this principle.

Human dignity consists of the agency of individuals to apply their gifts to thrive, and requires social recognition of each person's inherent value and claim to equal access to opportunity. Contributors examine how traditional and emerging institutions are already advancing human dignity, and then identify strategies to make human dignity more central to the work of global institutions. They explore traditional state-created entities, as well as emergent, hybrid institutions and faith-based organizations. Concluding with a final section that lays out a path for a cross-cultural dialogue on human dignity, the book offers a framework to successfully achieve the transformation of global politics into service of the individual.

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