Extraordinary rendition—the practice of abducting criminal suspects in locations around the world—has been criticized as an unprecedented expansion of U.S. police powers. But America’s aggressive pursuit of fugitives beyond its borders far predates the global war on terror. Uncle Sam’s Policemen investigates the history of international manhunts, arguing that the extension of U.S. law enforcement into foreign jurisdictions at the turn of the twentieth century forms an important chapter in the story of American empire.

In the late 1800s, expanding networks of railroads and steamships made it increasingly easy for criminals to evade justice. Recognizing that domestic law and order depended on projecting legal authority abroad, President Theodore Roosevelt declared in 1903 that the United States would “leave no place on earth” for criminals to hide. Charting the rapid growth of extradition law, Katherine Unterman shows that the United States had fifty-eight treaties with thirty-six nations by 1900—more than any other country. American diplomats put pressure on countries that served as extradition havens, particularly in Latin America, and cloak-and-dagger tactics such as the kidnapping of fugitives by Pinkerton detectives were fair game—a practice explicitly condoned by the U.S. Supreme Court.

The most wanted fugitives of this period were not anarchists and political agitators but embezzlers and defrauders—criminals who threatened the emerging corporate capitalist order. By the early twentieth century, the long arm of American law stretched around the globe, creating an informal empire that complemented both military and economic might.

Seventeenth-century New Englanders were not as busy policing their neighbors’ behavior as Nathaniel Hawthorne or many historians of early America would have us believe. Keeping their own households in line occupied too much of their time. Under Household Government reveals the extent to which family members took on the role of watchdog in matters of sexual indiscretion.

In a society where one’s sister’s husband’s brother’s wife was referred to as “sister,” kinship networks could be immense. When out-of-wedlock pregnancies, paternity suits, and infidelity resulted in legal cases, courtrooms became battlegrounds for warring clans. Families flooded the courts with testimony, sometimes resorting to slander and jury-tampering to defend their kin. Even slaves merited defense as household members—and as valuable property. Servants, on the other hand, could expect to be cast out and left to fend for themselves.

As she elaborates the ways family policing undermined the administration of justice, M. Michelle Jarrett Morris shows how ordinary colonists understood sexual, marital, and familial relationships. Long-buried tales are resurrected here, such as that of Thomas Wilkinson’s (unsuccessful) attempt to exchange cheese for sex with Mary Toothaker, and the discovery of a headless baby along the shore of Boston’s Mill Pond. The Puritans that we meet in Morris’s account are not the cardboard caricatures of myth, but are rendered with both skill and sensitivity. Their stories of love, sex, and betrayal allow us to understand anew the depth and complexity of family life in early New England.

Winner of the Myrna F. Bernath Book Award

“A stunning accomplishment…As the Trump administration works to expatriate naturalized U.S. citizens, understanding the history of individual rights and state power at the heart of Under the Starry Flag could not be more important.”
—Passport

“A brilliant piece of historical writing as well as a real page-turner. Salyer seamlessly integrates analysis of big, complicated historical questions—allegiance, naturalization, citizenship, politics, diplomacy, race, and gender—into a gripping narrative.”
—Kevin Kenny, author of The American Irish

In 1867 forty Irish American freedom fighters, outfitted with guns and ammunition, sailed to Ireland to join the effort to end British rule. They were arrested for treason as soon as they landed. The Fenians, as they were called, claimed to be American citizens, but British authorities insisted that they remained British subjects. Following the Civil War, the Fenian crisis dramatized the question of whether citizenship should be considered an inalienable right.

This gripping legal saga, a prelude to today’s immigration battles, raises important questions about immigration, citizenship, and who deserves to be protected by the law.

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.

In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues.

Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

Tobacco, among the most popular consumer products of the twentieth century, is under attack. Once a behavior that knew no social bounds, cigarette smoking has been transformed into an activity that reflects sharp differences in social status.

Unfiltered tells the story of how anti-smoking advocates, public health professionals, bureaucrats, and tobacco corporations have clashed over smoking regulation. The nations discussed in this book--Australia, Canada, Denmark, France, Germany, Japan, the United Kingdom, and the United States--restrict tobacco advertising, tax tobacco products, and limit where smoking is permitted. Each is also struggling to shape a tobacco policy that ensures corporate accountability, protects individual liberty, and asserts the state's public health power.

Unfiltered offers a comparative perspective on legal, political, and social conflicts over tobacco control. The book makes a unique contribution to our understanding of how scientific evidence, global health advocacy, individual risk assessments, and governmental interests intersect in the crafting of tobacco policy. It features national case studies and cross-cultural essays by experts in health policy, law, political science, history, and sociology. The lessons in Unfiltered are crucial to all who seek to understand and influence tobacco policy and reduce tobacco-related mortality worldwide.

One of the most-followed antitrust cases of recent times—United States v. Apple—reveals an often-missed truth: what Americans most fear is competition itself.

In 2012 the Department of Justice accused Apple and five book publishers of conspiring to fix ebook prices. The evidence overwhelmingly showed an unadorned price-fixing conspiracy that cost consumers hundreds of millions of dollars. Yet before, during, and after the trial millions of Americans sided with the defendants. Pundits on the left and right condemned the government for its decision to sue, decrying Amazon’s market share, railing against a new high-tech economy, and rallying to defend beloved authors and publishers. For many, Amazon was the one that should have been put on trial. But why? One fact went unrecognized and unreckoned with: in practice, Americans have long been ambivalent about competition.

Chris Sagers, a renowned antitrust expert, meticulously pulls apart the misunderstandings and exaggerations that industries as diverse as mom-and-pop grocers and producers of cast-iron sewer pipes have cited to justify colluding to forestall competition. In each of these cases, antitrust law, a time-honored vehicle to promote competition, is put on the defensive. Herein lies the real insight of United States v. Apple. If we desire competition as a policy, we must make peace with its sometimes rough consequences. As bruising as markets in their ordinary operation often seem, letting market forces play out has almost always benefited the consumer. United States v. Apple shows why supporting cases that protect price competition, even when doing so hurts some of us, is crucial if antitrust law is to protect and maintain markets.

Johannes Morsink argues that the 1948 UN Universal Declaration of Human Rights and the human rights movement today are direct descendants of revulsion to the Holocaust and the desire to never let it happen again.

Much recent scholarship about human rights has severed this link between the Holocaust, the Universal Declaration, and contemporary human rights activism in favor of seeing the 1970s as the era of genesis. Morsink forcefully presents his case that the Universal Declaration was indeed a meaningful though underappreciated document for the human rights movement and that the declaration and its significance cannot be divorced from the Holocaust. He reexamines this linkage through the working papers of the commission that drafted the declaration as well as other primary sources.

This work seeks to reset scholarly understandings of the Universal Declaration of Human Rights and the foundations of the contemporary human rights movement.

Despite three decades of intense scrutiny and repeated attempts at ambitious reform, our laws against rape and sexual harassment still fail to protect women from sexual overreaching and abuse. What went wrong? In this original, provocative, and enlightening work, Stephen Schulhofer, a distinguished scholar in criminal law, shows the need to refocus our laws against rape and to create a new system of legal safeguards against interference with sexual autonomy.

Our laws provide comprehensive protection for property rights, labor, and other important interests, but sexual autonomy—the right to choose freely whether and when to be sexually intimate with another person—is devalued and ignored. With vivid examples, including stranger assaults, date rapes, and sexual encounters between job supervisors and subordinates, teachers and students, doctors and patients, lawyers and clients, Schulhofer shows that recent reforms of rape and sexual harassment law are overrated and inadequate. From the excessive degree of force necessary for an aggressive action to be defined as rape, to the gray areas in which coercion and exploitation can be used to elicit a false but legally valid “consent,” Schulhofer offers a clear analysis of the limits of current standards. His proposals for a radically different approach hold the promise of genuine respect and effective protection for the sexual autonomy of both women and men. It is an ambitious yet sensible vision, committed to allowing willing partners to seek consensual relationships, while fully protecting each person’s right to refuse sexual encounters that are not genuinely desired.

Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way.

The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.