Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.
The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.
This timely history confirms the significant role played by district courts in the history of the United States.
Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.
Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.
As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.
Today’s American cities and suburbs are the sites of “thick injustice”—unjust power relations that are deeply and densely concentrated as well as opaque and seemingly intractable. Thick injustice is hard to see, to assign responsibility for, and to change.
Identifying these often invisible and intransigent problems, this volume addresses foundational questions about what justice requires in the contemporary metropolis. Essays focus on inequality within and among cities and suburbs; articulate principles for planning, redevelopment, and urban political leadership; and analyze the connection between metropolitan justice and institutional design. In a world that is progressively more urbanized, and yet no clearer on issues of fairness and equality, this book points the way to a metropolis in which social justice figures prominently in any definition of success.
Contributors: Susan S. Fainstein, Harvard U; Richard Thompson Ford, Stanford U; Gerald Frug, Harvard U; Loren King, Wilfrid Laurier U; Margaret Kohn, U of Toronto; Stephen Macedo, Princeton U; Douglas W. Rae, Yale U; Clarence N. Stone, George Washington U; Margaret Weir, U of California, Berkeley; Thad Williamson, U of Richmond.
A pathbreaking look at how progressive policy change for economic justice has swept U.S. cities
In the 2010s cities and counties across the United States witnessed long-overdue change as they engaged more than ever before with questions of social, economic, and racial justice. After decades of urban economic restructuring that intensified class divides and institutional and systemic racism, dozens of local governments countered the conventional wisdom that cities couldn’t address inequality—enacting progressive labor market policies, from $15 minimum wages to paid sick leave.
Justice at Work examines the mutually reinforcing roles of economic and racial justice organizing and policy entrepreneurship in building power and support for policy changes. Bridging urban social movement and urban politics studies, it demonstrates how economic and racial justice coalitions are collectively the critical institution underpinning progressive change. It also shows that urban policy change is driven by “urban policy entrepreneurs” who use public space and the intangible resources of the city to open “agenda windows” for progressive policy proposals incubated through national networks.
Through case studies of organizing and policy change efforts in cities including Chicago, Seattle, and New Orleans around minimum wages, targeted hiring, paid time off, fair scheduling, and anti-austerity, Marc Doussard and Greg Schrock show that the contemporary wave of successful progressive organizing efforts is likely to endure. Yet they caution that success is dependent on skillful organizing that builds and sustains power at the grassroots—and skillful policy work inside City Hall. By promoting justice at—and increasingly beyond—work, these movements hold the potential to unlock a new model for inclusive economic development in cities.
“[A] learned and thoughtful portrayal of the history of race relations in America…authoritative and highly readable…[An] impressive work.”
—Randall Kennedy, The Nation
“This comprehensive history…reminds us that the fight for justice requires our constant vigilance.”
—Ibram X. Kendi
“Remarkable for the breadth and depth of its historical and legal analysis…makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.”
—Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality
From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings.
In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
Civil rights leader and legislator Lloyd A. Barbee frequently signed his correspondence with "Justice for All," a phrase that embodied his life’s work of fighting for equality and fairness. An attorney most remembered for the landmark case that desegregated Milwaukee Public Schools in 1972, Barbee stood up for justice throughout his career, from defending University of Wisconsin students who were expelled after pushing the school to offer black history courses, to representing a famous comedian who was arrested after stepping out of a line at a protest march. As the only African American in the Wisconsin legislature from 1965 to 1977, Barbee advocated for fair housing, criminal justice reform, equal employment opportunities, women’s rights, and access to quality education for all, as well as being an early advocate for gay rights and abortion access.
This collection features Barbee’s writings from the front lines of the civil rights movement, along with his reflections from later in life on the challenges of legislating as a minority, the logistics of coalition building, and the value of moving the needle on issues that would outlast him. Edited by his daughter, civil rights lawyer Daphne E. Barbee-Wooten, these documents are both a record of a significant period of conflict and progress, as well as a resource on issues that continue to be relevant to activists, lawmakers, and educators.
For over a century, as women have fought for and won greater freedoms, concern over an epidemic of female criminality, especially among young women, has followed. Fear of this crime wave—despite a persistent lack of evidence of its existence—has played a decisive role in the development of the youth justice systems in the United States and Canada. Justice for Girls? is a comprehensive comparative study of the way these countries have responded to the hysteria over “girl crime” and how it has affected the treatment of both girls and boys.
Tackling a century of historical evidence and crime statistics, Jane B. Sprott and Anthony N. Doob carefully trace the evolution of approaches to the treatment of young offenders. Seeking to keep youths out of adult courts, both countries have built their systems around rehabilitation. But, as Sprott and Doob reveal, the myth of the “girl crime wave” led to a punitive system where young people are dragged into court for minor offenses and girls are punished far more severely than boys. Thorough, timely, and persuasive, Justice for Girls? will be vital to anyone working with troubled youths.
The struggle to accommodate both individual freedom and community welfare shaped modern America. American have disagreed about whether federal protection of national welfare could be reconciled with defense of individual rights; however, no public figure worked longer or more consistently to meet this challenge than Alabama’s Hugo L. Black
Stephen C. Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day.
Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground.
This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- “real judges” hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.
The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these non-judicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant’s rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.
“In most accounts of the tumultuous 1960s, Robert Kennedy plays a supporting role…Sullivan corrects this and puts RFK near the center of the nation’s struggle for racial justice.”
—Richard Thompson Ford, Washington Post
“A profound and uplifting account of Robert F. Kennedy’s brave crusade for racial equality. This is narrative history at its absolute finest.”
—Douglas Brinkley, author of Rosa Parks
“A sobering analysis of the forces arrayed against advocates of racial justice. Desegregation suits took years to move through the courts. Ballot access was controlled by local officials…Justice Rising reminds us that although he was assassinated over 50 years ago, Kennedy remains relevant.”
—Glenn C. Altschuler, Florida Courier
“A groundbreaking book that reorients our understanding of a surprisingly underexplored aspect of Robert Kennedy’s life and career—race and civil rights—and sheds new light on race relations during a pivotal era of American history.”
—Kenneth Mack, author of Representing the Race
“Brilliant and beautifully written…could hardly be more timely.”
—Daniel Geary, Irish Times
Race and politics converged in the 1960s in ways that indelibly changed America. This landmark reconsideration of Robert Kennedy’s life and legacy reveals how, as the nation confronted escalating demands for racial justice, RFK grasped the moment to emerge as a transformational leader.
Intertwining Kennedy’s story with the Black freedom struggles of the 1960s, Justice Rising provides a fresh account of the changing political alignments that marked the decade. As Attorney General, Kennedy personally interceded to enforce desegregation rulings and challenge voter restrictions in the South. Morally committed to change, he was instrumental in creating the bipartisan coalition essential to passing the 1964 Civil Rights Act. After his brother’s assassination, his commitment took on a new urgency when cities emerged as the major front in the long fight for racial justice. On the night of Martin Luther King’s assassination, two months before he would himself be killed, his anguished appeal captured the hopes of a turbulent decade: “In this difficult time for the United States, it is perhaps well to ask what kind of nation we are and what direction we want to move in.” It is a question that remains urgent and unanswered.
Smith Morrill: Almost every land-grant college or university in the United States has a building named for him; but are his contributions truly recognized and understood? Here is the first biography on this renowned statesman in six decades. Representative and then senator from Vermont, Morrill began his tenure in Congress in 1855 and served continuously for forty-three years. His thirty- one years in the upper chamber alone earned him the title "Father of the Senate." Coy F. Cross reveals a complex and influential political figure who, as chair of the House Ways and Means Committee, and then the Senate Finance Committee, influenced American economic policy for nearly fifty years.
Morrill's most-recognized achievements are the pieces of legislation that bear his name: the Morrill land-grant college acts of 1862 and 1890. His legacy, inspired by the Jeffersonian ideal of an educated electorate, revolutionized American higher education. Prior to this legislation, colleges and universities were open primarily to affluent white men and studies were limited largely to medicine, theology, and philosophy. Morrill's land-grant acts eventually opened American higher education to the working class, women, minorities, and immigrants. Since 1862, more than 20 million people have graduated from the 104 land-grant colleges and universities spawned by his grand vision. In this long-overdue study, Cross shows the "Father of Land-Grant Colleges" to be one of America's formative nineteenth- century political figures.
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