A SCHOLARLY BOOK REPOSITORY20 start with I start with I
This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.
Winner, Bryce Wood Book Award, Latin American Studies Association, 2015
Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.
Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.
“Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” —Doris Kearns Goodwin
As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public’s responsibility. One route the Constitution provides for discharging that duty—a route rarely traveled—is impeachment.
Cass R. Sunstein provides a succinct citizen’s guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people’s role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the “high crimes and misdemeanors” delineated in the republic’s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers’ controversial decision to install an empowered executive in a nation deeply fearful of kings.
With an eye toward the past and the future, Impeachment: A Citizen’s Guide considers a host of actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
In Contempt: Nineteenth-Century Women, Law, and Literature, by Kristin Kalsem, explores the legal advocacy performed by nineteenth-century women writers in publications of nonfiction and fiction, as well as in real-life courtrooms and in the legal forum provided by the novel form.
As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation’s battle for sovereignty has been dominated by the local government’s standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.
This book contains the oral testimony of victims of pornography, spoken on the record for the first time in history.
Speaking at hearings on a groundbreaking antipornography civil rights law, women offer eloquent witness to the devastation pornography has caused in their lives. Supported by social science experts and authorities on rape, battery, and prostitution, discounted and opposed by free speech advocates and absolutists, their riveting testimony articulates the centrality of pornography to sexual abuse and inequity today.
At issue in these hearings is a law conceived and drafted by Andrea Dworkin and Catharine A. MacKinnon that defines harm done through pornography as a legal injury of sex discrimination warranting civil redress. From the first set of hearings in Minneapolis in 1983 through those before the Massachusetts state legislature in 1992, the witnesses heard here expose the commonplace reality of denigration and sexual subordination due to pornography and refute the widespread notion that pornography is harmless expression that must be protected by the state.
Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a conflict over the meaning of democracy itself--a major civil rights struggle for our time and a fundamental crisis in United States constitutional law: Can we sacrifice the lives of women and children to a pornographer's right to free "speech"? Can we allow the First Amendment to shield sexual exploitation and predatory sexual violence? These pages contain all the arguments for protecting pornography--and dramatically document its human cost.
Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.
Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.
Griffiths's analysis is based on careful observation of how people actually experience the law as well as the more standard tools of statutes and cases familiar to Western legal scholars. She explains how women's access to law is determined by social relations over which they have little control. In this powerful feminist critique of law and anthropology, Griffiths shows how law and custom are inseparable for Kwena women. Both colonial common law and customary law pose comparable and constant challenges to Kwena women's attempts to improve their positions in society.
The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel.
Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.
What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials.
Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments.
Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations.
The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors.
Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.
The work of interpreters in legal settings, whether they are spoken or signed language interpreters, is filled with enormous complexity and challenges. This engrossing volume presents six, data-based studies from both signed and spoken language interpreter researchers on a diverse range of topics, theoretical underpinnings, and research methodologies.
In the first chapter, Ruth Morris analyzes the 1987 trial of Ivan (John) Demjanjuk in Jerusalem, and reveals that what might appear to be ethical breaches often were no more than courtroom dynamics, such as noise and overlapping conversation. Waltraud Kolb and Franz Pöchhacker studied 14 asylum appeals in Austria and found that interpreters frequently aligned themselves with the adjudicators. Bente Jacobsen presents a case study of a Danish-English interpreter whose discourse practices expose her attempts to maintain, mitigate, or enhance face among the participants.
In the fourth chapter, Jemina Napier and David Spencer investigate the effectiveness of interpreting in an Australian courtroom to determine if deaf citizens should participate as jurors. Debra Russell analyzed the effectiveness of preparing sign language interpreter teams for trials in Canada and found mixed results. The final chapter presents Zubaidah Ibrahim-Bell’s research on the inadequate legal services in Malaysia due to the fact that only seven sign interpreters are available. Taken together, these studies point to a “coming of age” of the field of legal interpreting as a research discipline, making Interpreting in Legal Settings an invaluable, one-of-a-kind acquisition.
A groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France’s inhumane treatment of prisoners
Founded by Michel Foucault and others in 1970–71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Hélène Cixous and writings by Gilles Deleuze and Jean Genet.
These archival documents—public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions—trace the GIP’s establishment in post-1968 political turmoil, the new models of social activism it pioneered, the prison revolts it supported across France, and the retrospective assessments that followed its denouement. At the same time, Intolerable offers a rich, concrete exploration of Foucault’s concept of resistance, providing a new understanding of the arc of his intellectual development and the genesis of his most influential book, Discipline and Punish.
Presenting the account of France’s most vibrant prison resistance movement in its own words and on its own terms, this significant and relevant collection also connects the approach and activities of the GIP to radical prison resistance movements today.
Diversity is the key to this striking assemblage of cultural criticism edited by Frank Lentricchia. Special features include an expanded version of the Rolling Stone interview with the author (“An Outsider in this Society”) and the extraordinary tenth chapter of DeLillo’s Ratner’s Star. Accessibly written and entertaining, the collection will be of great interest to both students and scholars of contemporary American literature as well as to general readers interested in DeLillo’s work.
Contributors. Frank Lentricchia, Anthony Decurtis, Daniel Aaron, Hal Crowther, John A. McClure, Eugene Goodheart, Charles Molesworth, Dennis A. Foster, and John Frow
JoAnna Poblete's Islanders in the Empire: Filipino and Puerto Rican Laborers in Hawai'i takes an in-depth look at how the two groups fared in a third new colony, Hawai'i. Using plantation documents, missionary records, government documents, and oral histories, Poblete analyzes how the workers interacted with Hawaiian government structures and businesses, how U.S. policies for colonial workers differed from those for citizens or foreigners, and how policies aided corporate and imperial interests.
A rare tandem study of two groups at work on foreign soil, Islanders in the Empire offers a new perspective on American imperialism and labor issues of the era.
Israeli women do not enjoy the equality, status, and power often attributed to them by the media and popular culture. Despite significant achievements and progress, as a whole they continue to earn less than their male counterparts, are less visible and influential in the political arena, do not share equal responsibilities or privileges in the military, have unequal rights and freedoms in family life and law, and are less influential in shaping the nation's self image and cultural orientation.
Bringing together classic essays by leading scholars of Israeli culture, this reader exposes the hidden causes of ongoing discrimination and links the restrictions that Israeli women experience to deeply entrenched structures, including colonial legacies, religious traditions, capitalism, nationalism, and ongoing political conflict. In contrast, the essays also explore how women act creatively to affect social change and shape public discourse in less ostensible ways.
Providing balanced perspectives from the social sciences and the humanities, this comprehensive reader reflects both an emerging consensus and exciting diversity in the field. It is the definitive text for courses in Israeli women's studies.
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