front cover of Across Oceans of Law
Across Oceans of Law
The Komagata Maru and Jurisdiction in the Time of Empire
Renisa Mawani
Duke University Press, 2018
In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
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Alabama Justice
The Cases and Faces That Changed a Nation
Steven P. Brown
University of Alabama Press, 2020

WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY

Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes.

Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama.

Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation.

In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
 

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The Aliites
Race and Law in the Religions of Noble Drew Ali
Spencer Dew
University of Chicago Press, 2019
“Citizenship is salvation,” preached Noble Drew Ali, leader of the Moorish Science Temple of America in the early twentieth century. Ali’s message was an aspirational call for black Americans to undertake a struggle for recognition from the state, one that would both ensure protection for all Americans through rights guaranteed by the law and correct the unjust implementation of law that prevailed in the racially segregated United States. Ali and his followers took on this mission of citizenship as a religious calling, working to carve out a place for themselves in American democracy and to bring about a society that lived up to what they considered the sacred purpose of the law.

In The Aliites, Spencer Dew traces the history and impact of Ali’s radical fusion of law and faith. Dew uncovers the influence of Ali’s teachings, including the many movements they inspired. As Dew shows, Ali’s teachings demonstrate an implicit yet critical component of the American approach to law: that it should express our highest ideals for society, even if it is rarely perfect in practice. Examining this robustly creative yet largely overlooked lineage of African American religious thought, Dew provides a window onto religion, race, citizenship, and law in America.
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American Immunity
War Crimes and the Limits of International Law
Patrick Hagopian
University of Massachusetts Press, 2013

In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. “This was not merely a theoretical possibility,” Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact “get away with murder.” Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.

In American Immunity, Hagopian places what he calls the “superpower exemption” in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts. 

In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.

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front cover of The American Supreme Court, Sixth Edition
The American Supreme Court, Sixth Edition
Robert G. McCloskey and Sanford Levinson
University of Chicago Press, 2016
For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court.

As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage.

The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
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front cover of The American Supreme Court, Sixth Edition
The American Supreme Court, Sixth Edition
Robert G. McCloskey and Sanford Levinson
University of Chicago Press, 2016
This is an auto-narrated audiobook version of this book. 

For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court.

As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage.

The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
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Ancient Greek Law in the 21st Century
Edited by Paula Perlman
University of Texas Press, 2018

The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s.

This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

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Animals and the Law in Antiquity
Saul M. Olyan
SBL Press, 2021

Animal law has become a topic of growing importance internationally, with animal welfare and animal rights often assuming center stage in contemporary debates about the legal status of animals. While nonspecialists routinely decontextualize ancient texts to support or deny rights to animals, experts in fields such as classics, biblical studies, Assyriology, Egyptology, rabbinics, and late antique Christianity have only just begun to engage the topic of animals and the law in their respective areas. This volume consists of original studies by scholars from a range of Mediterranean and West Asian fields on a variety of topics at the intersection of animals and the law in antiquity. Contributors include Rozenn Bailleul-LeSuer, Beth Berkowitz, Andrew McGowan, F. S. Naiden, Saul M. Olyan, Seth Richardson, Jordan D. Rosenblum, Andreas Schüle, Miira Tuominen, and Daniel Ullucci. The volume is essential reading for scholars and students of both the ancient world and contemporary law.

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Arbitrary Rule
Slavery, Tyranny, and the Power of Life and Death
Mary Nyquist
University of Chicago Press, 2013
Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age.
               
Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion.
               
Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

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The Argument and the Action of Plato's Laws
Leo Strauss
University of Chicago Press, 1977
The posthumous publication of The Argument and the Action of Plato's "Laws" was compiled shortly before the death of Leo Strauss in 1973. Strauss offers an insightful and instructive reading through careful probing of Plato's classic text.

"Strauss's The Argument and the Action of Plato's 'Laws' reflects his interest in political thought, his dogged method of following the argument of the Laws step by step, and his vigorous defense of this dialogue's integrity in respect to the ideals of the Republic."—Cross Currents

"The unique characteristics of this commentary on the Laws reflect the care and precision which were the marks of Professor Strauss's efforts to understand the complex thoughts of other men."—Allan D. Nelson, Canadian Journal of Political Science

"Thorough and provocative, an important addition to Plato scholarship."—Library Journal

"The major purpose of the commentary is to provide a reading of the dialogue which displays its structural arrangement and the continuity of the argument."—J. W. Dy, Bibliographical Bulletin of Philosophy

"The reader of Strauss's book is indeed guided closely through the whole text."— M. J. Silverthorne, The Humanities Association Review

Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus of political science at the University of Chicago.
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Armed with the Constitution
Jehovah's Witnesses in Alabama and the U.S Supreme Court, 1939-1946
Merlin Owen Newton
University of Alabama Press, 1995
Underscores the importance of “little people” in affecting the US government
 
Armed with the Constitution stresses the courage of a black man, Rosco Jones, and a white woman, Grace Marsh, who dared to challenge the status quo in Alabama in the early 1940s. These two Jehovah’s Witnesses helped to lay a foundation for testing the constitutionality of state and local laws, establishing precedents that the Civil Rights movement, the feminist movement, and similar forces could follow. Newton has prepared a finely woven tale of oral, legal, and social history that opens a window on the world of the Jehovah’s Witnesses in Alabama.
 
More than a legal study, this book is also a dramatic history of two powerful personalities whose total commitment to their faith enabled them to carry the Jehovah’s Witnesses’ battle from rural Alabama to the halls of the U.S. Supreme Court.
 
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The Art of the Roman Jurists
An American Perspective
Essays by Bruce W. Frier Edited by Thomas A.J. McGinn Introduction by Paul J. du Plessis
University of Michigan Press, 2027

The Art of the Roman Jurists offers a clear, detailed, and thorough account of the relationship between Roman law and society from 100 BCE to 235 CE and traces the rise of the group of legal experts known as jurists. While prominent in the first century BCE, they consolidated their position in the first years of the Principate. But it is only in the second century, starting in the reign of Antoninus Pius (138–161), that, in author Bruce W. Frier’s view, they most emphatically come into their own. The collection reveals how the jurists can evince an awareness of the impact their holdings portend for the social and economic reality. Frier's method is anchored in the ancient sources, extending far beyond the legal evidence, offering a perspective on Roman jurisprudence as it was lived. This collection of published and unpublished articles from Frier examines crucial aspects of his methodology and looks to the future of the study of Roman law.

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