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.
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.
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.
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.
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.
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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