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Doing the Right Thing examines the use of extraordinary legislative procedures in four cases in the U.S. Congress to accomplish policy objectives that many political scientists would argue are impossible to achieve. It not only shows that Congress is capable of imposing parochial costs in favor of general benefits but it argues that Congress is able to do so in a variety of policy areas through the use of very different kinds of procedural mechanisms that are underappreciated.

The book opens by developing a theory of procedural choice to explain why Congress chooses to delegate in differing degrees in dealing with similar kinds of policy problems. The theory is then applied to four narrative case studies—military base closures, the Yucca Mountain Project, NAFTA, and the Tax Reform Act of 1986—that both show the variety of factors that impact procedural choice and highlight how our national legislature was able to “do the right thing.”

The book concludes by pointing to the variety of ways in which Congress will be confronted with similar policy problems in the coming years and offering some lessons from these cases about what kinds of procedures and policy outcomes we might expect. In short, Congress is remarkably adept at “doing the right thing,” even under difficult circumstances, but only when legislators are willing to manipulate procedures in all the necessary ways.

Unraveling a complex web of tension, distrust, and political maneuvering, Damming the Gila continues the story of the Gila River Indian Community’s struggle for the restoration of its water rights.

This volume continues to chronicle the history of water rights and activities on the Gila River Indian Reservation. Centered on the San Carlos Irrigation Project and Coolidge Dam, it details the history and development of the project, including the Gila Decree and the Winters Doctrine. Embedded in the narrative is the underlying tension between tribal growers on the Gila River Indian Reservation and upstream users. Told in seven chapters, the story underscores the idea that the Gila River Indian Community believed the San Carlos Irrigation Project was first and foremost for their benefit and how the project and the Gila Decree fell short of restoring their water and agricultural economy.

Damming the Gila is the third in a trio of important documentary works, beginning with DeJong’s Stealing the Gila and followed by Diverting the Gila. It continues the story of the Gila River Indian Community’s fight to regain access to their water.

The story behind the historic Mineral King Valley case, which reveals how the Sierra Club battled Disney’s ski resort development and launched a new environmental era in America.
 
In our current age of climate change–induced panic, it’s hard to imagine a time when private groups were not actively enforcing environmental protection laws in the courts. It wasn’t until 1972, however, that a David and Goliath–esque Supreme Court showdown involving the Sierra Club and Disney set a revolutionary legal precedent for the era of environmental activism we live in today.
 
Set against the backdrop of the environmental movement that swept the country in the late 1960s and early 1970s, Dawn at Mineral King Valley tells the surprising story of how the US Forest Service, the Disney company, and the Sierra Club each struggled to adapt to the new, rapidly changing political landscape of environmental consciousness in postwar America. Proposed in 1965 and approved by the federal government in 1969, Disney’s vast development plan would have irreversibly altered the practically untouched Mineral King Valley, a magnificently beautiful alpine area in the Sierra Nevada mountains. At first, the plan met with unanimous approval from elected officials, government administrators, and the press—it seemed inevitable that this expanse of wild natural land would be radically changed and turned over to a private corporation. Then the scrappy Sierra Club forcefully pushed back with a lawsuit that ultimately propelled the modern environmental era by allowing interest groups to bring litigation against environmentally destructive projects.
 
An expert on environmental law and appellate advocacy, Daniel P. Selmi uses his authoritative narrative voice to recount the complete history of this revolutionary legal battle and the ramifications that continue today, almost 50 years later.

This is an auto-narrated audiobook edition of this book.

The story behind the historic Mineral King Valley case, which reveals how the Sierra Club battled Disney’s ski resort development and launched a new environmental era in America.
 
In our current age of climate change–induced panic, it’s hard to imagine a time when private groups were not actively enforcing environmental protection laws in the courts. It wasn’t until 1972, however, that a David and Goliath–esque Supreme Court showdown involving the Sierra Club and Disney set a revolutionary legal precedent for the era of environmental activism we live in today.
 
Set against the backdrop of the environmental movement that swept the country in the late 1960s and early 1970s, Dawn at Mineral King Valley tells the surprising story of how the US Forest Service, the Disney company, and the Sierra Club each struggled to adapt to the new, rapidly changing political landscape of environmental consciousness in postwar America. Proposed in 1965 and approved by the federal government in 1969, Disney’s vast development plan would have irreversibly altered the practically untouched Mineral King Valley, a magnificently beautiful alpine area in the Sierra Nevada mountains. At first, the plan met with unanimous approval from elected officials, government administrators, and the press—it seemed inevitable that this expanse of wild natural land would be radically changed and turned over to a private corporation. Then the scrappy Sierra Club forcefully pushed back with a lawsuit that ultimately propelled the modern environmental era by allowing interest groups to bring litigation against environmentally destructive projects.
 
An expert on environmental law and appellate advocacy, Daniel P. Selmi uses his authoritative narrative voice to recount the complete history of this revolutionary legal battle and the ramifications that continue today, almost 50 years later.

WINNER, 2023 Illinois State Historical Society Superior Achievement Award in “Books, Scholarly”!

Native women’s marital rights and roles in colonial Illinois society

Kaskaskia, Illinois, once the state’s capital, torn from the state by flood waters, and now largely forgotten, was once the home to a couple who helped transform the region in the 1720s from a frontier village to a civil society. In the heart of France’s North American empire, the village was a community of French-Canadian fur traders and Kaskaskia Indians who not only lived together but often intermarried. These Indigenous and French intermarriages were central to colonial Illinois society, and the coupling of Marguerite 8assecam8c8e (Dawn’s Light Woman) and Nicolas Franchomme, in particular, was critical to expanding the jurisdiction of French law.
 
While the story of Marguerite and Nicolas is unknown today, it is the story of how French customary law (Coutume de Paris) governed colonial marriage, how mixed Indian-French marriages stood at the very core of early colonial Illinois society, and how Illinois Indian women benefited, socially and legally, from being married to French men. All of this came about due to a lawsuit in which Nicolas successfully argued that his wife had legal claim to her first husband’s estate—a legal decision that created a precedent for society in the Illinois Country.
 
Within this narrative of a married couple and their legal fight—based on original French manuscripts and supported by the comprehensively annotated 1726 Illinois census—is also the story of the village of Kaskaskia during the 1720s, of the war between Fox Indians and French settlers, with their Indian allies, in Illinois, and of how the spread of plow agriculture dramatically transformed the Illinois Country’s economy from largely fur trade–based to expansively agricultural.

The legal system is complex, and without appropriate access, many injustices can occur. Deaf people in the criminal justice system are routinely denied sign language interpreters, videophone access, and other accommodations at each stage of the legal process. The marginalization of deaf people in the criminal justice system is further exacerbated by the lack of advocates who are qualified to work with this population. Deaf People in the Criminal Justice System: Selected Topics on Advocacy, Incarceration, and Social Justice is the first book to illuminate the challenges faced by deaf people when they are arrested, incarcerated, or navigating the court system. This volume brings interdisciplinary contributors together to shed light on both the problems and solutions for deaf people in these circumstances.
 
       The contributors address issues such as accessibility needs; gaps regarding data collection and the need for more research; additional training for attorneys, court personnel, and prison staff; the need for more qualified sign language interpreters, including Certified Deaf Interpreters who provide services in court, prison, and juvenile facilities; substance use disorders; the school to prison nexus; and the need for advocacy. Students in training programs, researchers, attorneys, mental health professionals, sign language interpreters, family members, and advocates will be empowered by this much-needed resource to improve the experiences and outcomes for deaf people in the criminal justice system.

How have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it.

At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today.

Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor

A gripping exposé of what lawyers face when they defend prisoners in capital cases.

Legal cases are stories, and some of the most compelling-and the most disturbing-are those that take place on death row: the innocent man executed, juveniles and the mentally ill condemned to die, a smoking electric chair, a napping defense attorney, a senile hit man. These are the stories in which Michael Mello, as a capital public defender, played a crucial role, and they are the cases that make up Deathwork, a moment-by-moment, behind-the-scenes look at the life and work of a death row lawyer and his clients.

Part memoir, part legal casebook, Deathwork offers a gritty, often anguishing picture of what Supreme Court Justice Harry Blackmun called the American legal "machinery of death." The stories Mello tells raise questions about legal issues-from prosecutorial misconduct to the racial inequities of sentencing, from the rules of evidence to the rights of the mentally ill-that here take on a life-and-death urgency. They describe in detail how constitutional issues are raised postconviction, and how those issues are adjudicated by the courts and in accordance with bizarre claims of objectivity. And they show, with a painful immediacy and authenticity, what it is like to live and work under an impending death sentence, the adrenaline rush of the stay or unexpected success, the inconsolable sadness upon the execution of the sick, the afflicted, the innocent.As DNA reversals, last-minute confessions, and revelations of corruption are bringing capital punishment to the forefront of public debate nationwide, this firsthand account of the legalities and realities of the death penalty is as relevant as it is enthralling, as edifying as it is impossible to ignore.

Decisiveness and Fear of Disorder examines how democratic representatives make decisions in crisis situations. By analyzing parliamentary asylum debates from Germany’s Asylum Compromise in 1992-1993 and the 2015-2016 refugee crisis, Julius Rogenhofer identifies representatives’ ability to project decisiveness as a crucial determinant for whether the rights and demands of irregular migrants were adequately considered in democratic decision-making. Both crisis situations showcase an emotive dimension to the parliamentary meaning-making process. As politicians confront fears of social and political disorder, they focus on appearing decisive in the eyes of the public and fellow representatives, even at the expense of human rights considerations and inclusive deliberation processes. 

Rogenhofer shows how his theoretical approach allows us to reinterpret a range of crisis situations beyond the irregular migration context, including democracies’ initial responses to Covid-19, the European Sovereign Debt Crisis, and United States climate politics. These additional case studies help position concerns with decisiveness amid the challenges that populism and technocracy increasingly pose to representative democracies.

An overview of the United Kingdom’s constitution and defense policy.

Defense and security policy lies at the heart of the British state but can appear entirely untrammeled by the constitution. In fact, when political and military leaders exercise their executive powers, the UK Parliament and the judiciary have limited oversight, let alone control, over their actions. Defence and the UK Constitution introduces key constitutional issues to a general audience and pinpoints the differences between the “legal constitution” and the “political constitution,” with reference to the lack of accountability within modern British security structures. Nigel White traces this imbalance back to the 1680 Bill of Rights and examines the evolution of war and emergency powers, placing them within the context of international law.

Advocating for a rebalancing of the efficient and democratic, as well as the legal and political, elements of the constitution, this short work aims to address the inherent “defense paradox” in the UK constitution and to indicate which constitutional changes are needed to safeguard Britain’s democratic principles and limit excessive uses of discretionary power.
 

Even as lawsuits challenging its admissions policies made their way through the courts, the University of Michigan carried the torch for affirmative action in higher education.In June 2003, the Supreme Court vindicated UM's position on affirmative action when it ruled that race may be used as a factor for universities in their admissions programs, thus confirming what the UM had argued all along: diversity in the classroom translates to a beneficial and wide-ranging social value. With the green light given to the law school's admissions policies, Defending Diversity validates the positive benefits gained by students in a diverse educatioN/Al setting.Written by prominent University of Michigan faculty, Defending Diversity is a timely response to the court's ruling. Providing factual background, historical setting, and the psychosocial implications of affirmative action, the book illumiN/Ates the many benefits of a diverse higher educational setting -- including preparing students to be full participants in a pluralistic democracy -- and demonstrates why affirmative action is necessary to achieve that diversity.Defending Diversity is a significant contribution to the ongoing discussion on affirmative action in higher education. Perhaps more important, it is a valuable record of the history, events, arguments, and issues surrounding the original lawsuits and the Supreme Court's subsequent ruling, and helps reclaim the debate from those forces opposed to affirmative action.

In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.

As Elizabeth Warren memorably wrote, “It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street.” More than a century after the government embraced credit to fuel the American economy, consumer financial protections in the increasingly complex financial system still place the onus on individuals to sift through fine print for assurance that they are not vulnerable to predatory lending and other pitfalls of consumer financing and growing debt.
In Democracy Declined, Mallory E. SoRelle argues that the failure of federal policy makers to curb risky practices can be explained by the evolution of consumer finance policies aimed at encouraging easy credit in part by foregoing more stringent regulation. Furthermore, SoRelle explains how angry borrowers’ experiences with these policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals—they threaten the stability of entire economies. SoRelle identifies pathways to mitigate these potentially disastrous consequences through greater public participation.
 

In 2017, Seattle inaugurated a new way for citizens to be involved in democracy: they introduced publicly financed vouchers for voters to donate to local candidates. The innovative plan is designed to level the playing field in campaign financing. Through the vouchers, residents allocate dollars to candidates of their choice in local elections, putting political money directly in the hands of voters. The intent is to increase political participation and ameliorate the long-standing representational inequalities of private donations.

Democracy Vouchers and the Promise of Fairer Elections in Seattle critically evaluates the success and impact of this program. Jennifer Heerwig and Brian J. McCabe emphasize how local elections now attract a much wider and more diverse field of both donors and candidates. They also consider external threats to the program, from litigation about the constitutionality of a voucher program to the rise of independent expenditures.

Offering important lessons on how other cities can adopt a similar program, this compelling case study also highlights the obstacles that will likely arise in its implementation.

Sex offender laws include residency restrictions, registration and notification requirements, and post-conviction civil commitment. These laws and regulations impose serious restrictions on the movements of convicted sex offenders. This is controversial because these laws and regulations occur after the sex offender has completed his time in prison. These laws and regulations are intended to have both a deterrent and therapeutic effect. Residency restrictions seek to prevent sex offenders from re-committing their crimes and civil commitment provides psychological services while incarcerated in a forensic facility. Most works on this subject are deeply critical of these laws.

Cary Federman takes a more sympathetic approach to sex offender legislation. He focuses on the deliberative intentions of legislators, exploring the limits of judicial review and the rights of interested parties to influence lawmaking. Leaders of these interested parties are usually the parents of children who have been sexually violated and murdered. Critics of sex offender legislation tend to focus on the convicted parties, arguing that their rights have been violated. The Law and Politics of Sex Offender Legislation asserts that these laws are expressions of the deliberative intentions of lawmakers concerned about public safety—they are thus constitutional, if not always wise.

The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?

Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.

Explores and illustrates how domestic and international factors shape the direction of democratization process with special reference to constitution making process in Turkey. Describes how all five Turkish constitutions were, by and large, the products of indigenous effort, although borrowing could be felt in certain limited areas. Argues that the constitutional reforms in the post-1983 period were the outco me of broad inter-party negotiations and agree ments as a response to the society's demands for a more democratic and liberal political system. Finally, the constitutional revisions adopted since 1995 were strongly conditioned by Turkey's hope of accession to the European Union. With these reforms, Turkey was successful in meeting the political criteria and started accession negotiations with the EU.

Evaluating skills and knowledge capture lies at the cutting edge of contemporary higher education where there is a drive towards increasing evaluation of classroom performance and use of digital technologies in pedagogy. Developing Educators for the Digital Age is a book that provides a narrative account of teacher development geared towards the further usage of technologies (including iPads, MOOCs and whiteboards) in the classroom presented via the histories and observation of a diverse group of teachers engaged in the multiple dimensions of their profession.

Drawing on the insights of a variety of educational theories and approaches (including TPACK) it presents a practical framework for capturing knowledge in action of these English language teachers – in their own voices – indicating how such methods, processes and experiences shed light more widely on related contexts within HE and may be transferable to other situations.

This book will be of interest to the growing body of scholars interested in TPACK theory, or communities of practice theory and more widely anyone concerned with how new pedagogical skills and knowledge with technology may be incorporated in better practice and concrete instances of teaching.

Edited by Angela Condello, Carlo Grassi and Andreas Philippopoulos-Mihalopoulos
With an introduction by Carlo Grassi
Translated by Cadenza Academic Translations and Angela Condello

What does it mean to judge when there is no general and universal norm to define what is right and what is wrong? Can laws be absent and is law always necessary?

This is the first English translation published of Jean- Luc Nancy’s acclaimed consideration of the law’s most pervasive principles in the context of actual systems and contemporary institutions, power, norms, laws. In a world where it is impossible to imagine the realisation of an ideal of justice that corresponds to every person’s ideal of justice, Nancy probes the limits of legal normativity. Moreover, the question is asked: how can legal normativity be legitimised? A legal order based on performativity and formal validity is questionable and other forces than juridical normativity are at the heart of Dies Irae. Such leads inevitably to the processes of inclusion and exclusion that characterise contemporary juridical systems and those issues of identity, hostility and self-representation central to contemporary political and legal debates

Signed into law in 2014, the Marco Civil da Internet (Brazilian Civil Rights Framework for the Internet) appeared to offer pioneering legislation for a digital bill of rights that addressed issues like network neutrality and privacy. Guy T. Hoskins chronicles the Marco Civil’s development and its failure to confront the greatest concentration of power in the digital age: informational capitalism. Combining interviews with discourse and political-economic analysis, Hoskins reveals why the legislation fell short while examining the implications of its emergence in Brazil, which remains on the margins of the global system of informational capitalism. Hoskins places collectivist and public service principles at the core of any framework’s effectiveness. He also shows why we must create systems sensitive to the sociocultural and political-economic contexts that will shape digital rights and their usefulness.

Compelling and contrarian, Digital Rights at the Periphery looks at communications policy and internet governance in the Global South and the lessons they provide for the rest of the world.

The authors of this outstanding scholarly work analyze the dynamics of disinflation in transition economies in Central and Eastern Europe. The volume covers all the key factors of this process: changes in money supply and money demand; exchange rate policy; currency crisis; fiscal policy; legal status of central banks; monetary policy strategy; changes in relative prices and changes in nominal and real wages. The book contains 13 chapters related to various aspects of disinflation and covering different sets of transition countries depending on their relevance to the analyzed topic and data availability.

The first book-length rhetorical history and analysis of the legal and moral questions behind the insanity defense.

The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period “insanity” existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised.

The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings.

Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one’s actions does not map neatly onto the mental health professions’ understandings of mental illness and how that affects an individual’s ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury—or a public, for that matter—that a defendant is or is not responsible for his or her actions at a particular moment in time.

Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts—for example, newspaper articles and editorials—showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy.

Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves.

This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.