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On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.

The 2016 presidential election campaign and its aftermath have underscored worrisome trends in the present state of our democracy: the extreme polarization of the electorate, the dismissal of people with opposing views, and the widespread acceptance and circulation of one-sided and factually erroneous information. Only a small proportion of those who are eligible actually vote, and a declining number of citizens actively participate in local community activities.

In Flunking Democracy, Michael A. Rebell makes the case that this is not a recent problem, but rather that for generations now, America’s schools have systematically failed to prepare students to be capable citizens. Rebell analyzes the causes of this failure, provides a detailed analysis of what we know about how to prepare students for productive citizenship, and considers examples of best practices. Rebell further argues that this civic decline is also a legal failure—a gross violation of both federal and state constitutions that can only be addressed by the courts. Flunking Democracy concludes with specific recommendations for how the courts can and should address this deficiency, and is essential reading for anyone interested in education, the law, and democratic society.

Restrictions on foreign investment in U.S. telecommunications firms have harmed the interests of American consumers and investors, argues J. Gregory Sidak in this convincing study. Sidak shows why these restrictions, originally intended to protect America from the perils of wireless telegraphy by foreign agents, should be repealed.

Basing his analysis on legislative history, statutory and constitutional interpretation, and finance and trade theory, Sidak shows that these restrictions no longer serve their national security purpose (if they ever did). Instead they deny American consumers lower prices and more robust innovation, hamper access of American investors to foreign telecommunications markets, and unconstitutionally impinge on freedom of speech. Sidak's study encompasses the Telecommunications Act of 1996, recent global mergers such as British Telecom-MCI, and the 1997 World Trade Organization agreement to liberalize trade in telecommunications services.

In Forging Arizona Anita Huizar-Hernández looks back at a bizarre nineteenth-century land grant scheme that tests the limits of how ideas about race, citizenship, and national expansion are forged. During the aftermath of the U.S.-Mexico War and the creation of the current border, a con artist named James Addison Reavis falsified archives around the world to pass his wife off as the heiress to an enormous Spanish land grant so that they could claim ownership of a substantial portion of the newly-acquired Southwestern territories. Drawing from a wide variety of sources including court records, newspapers, fiction, and film, Huizar-Hernández argues that the creation, collapse, and eventual forgetting of Reavis’s scam reveal the mechanisms by which narratives, real and imaginary, forge borders. An important addition to extant scholarship on the U.S Southwest border, Forging Arizona recovers a forgotten case that reminds readers that the borders that divide nations, identities, and even true from false are only as stable as the narratives that define them. 

In Foundations of World Order Francis Anthony Boyle provides the first historically comprehensive analysis of U.S. foreign policy regarding international law and organizations. Examining the period from the Spanish American War to the establishment of the League of Nations and the Permanent Court of International Justice, Boyle argues that the international legal framework created at the beginning of the twentieth century not only influenced the course of American foreign policy but also provided the foundation upon which relations among states were built.
Although both the League of Nations and the Permanent Court of International Justice were rejected by the U.S. Senate, Boyle shows how the early governance of these institutions—precursors, respectively, to the United Nations and the International Court of Justice—informed later efforts to reduce and regulate transnational threats and the use of military force. Delving into such topics as the United States and its initial stance of neutrality in World War I and its imperial policy toward Latin America and the Caribbean, Boyle offers detailed readings of the relevant treaties, tribunals, and conferences, and assesses the political actors involved. Taking up the legalist point of view, he discusses the codification of customary international law, the obligatory arbitration of international disputes, and the creation of a new regime for the settlement of such disputes.
Boyle has provided in Foundations of World Order a compelling portrait of the relationship between political power and law, and of the impact of these forces on U.S. diplomacy. This volume will serve as a valuable resource to students, scholars, and practitioners of international law; it will also be of great interest to historians and political scientists engaged with issues of U.S. foreign policy and diplomatic history.

When the military’s ruling party violently quashed Burma’s pro-democracy movement, diplomatic condemnation quickly followed—to little effect. But when Burma’s activists began linking the movement to others around the world, the result was dramatically different. This book is the first to explain how Burma’s pro-democracy movement became a transnational social movement for human rights.

Through the experience of the Free Burma movement, John G. Dale demonstrates how social movements create and appropriate legal mechanisms for generating new transnational political opportunities. He presents three corporate accountability campaigns waged by the Free Burma movement. The cases focus on the legislation of “Free Burma” laws in local governments throughout the United States; the effort to force the state of California to de-charter Unocal Oil Corporation for its flagrant abuse of human rights; and the first-ever use of the U.S. Alien Tort Claims Act to sue a corporation in a U.S. court for human rights abuses committed abroad. Dale’s work also raises the issue of how foreign policies of so-called constructive engagement actually pose a threat to the hope of Burma’s activists—and others worldwide—for more democratic economic development.

In 1891 a young W. E. B. DuBois addressed the annual American Historical Association on the enforcement of slave trade laws: “Northern greed joined to Southern credulity was a combination calculated to circumvent any law, human or divine.” One law in particular he was referring to was the Abolition Act of 1808. It was specifically passed to end the foreign slave trade. However, as Ernest Obadele-Starks shows, thanks to profiteering smugglers like the Lafitte brothers and the Bowie brothers, the slave trade persisted throughout the south for a number of years after the law was passed. Freebooters and Smugglers examines the tactics and strategies that the adherents of the foreign slave trade used to challenge the law. It reassesses the role that Americans played in the continuation of foreign slave transshipments into the country right up to the Civil War, shedding light on an important topic that has been largely overlooked in the historiography of the slave trade.

Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present.

From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.

From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies

Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives.

The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children.

Contributors
Tomiko Brown-Nagin
Davison M. Douglas
Raymond Gavins
Laurie B. Green
Christina Greene
Blair L. M. Kelley
Michael J. Klarman
Peter F. Lau
Madeleine E. Lopez
Waldo E. Martin Jr.
Vicki L. Ruiz
Christopher Schmidt
Larissa M. Smith
Patricia Sullivan
Kara Miles Turner
Mark V. Tushnet

Future Medicine is an investigation into the clinical, legal, ethical, and regulatory changes occurring in our health care system as a result of the developing field of Complimentary and Alternative Medicine (CAM). Here Michael H. Cohen describes the likely evolution of the legal system and the health care system at the crossroads of developments in the way human beings care for body, mind, emotions, environment, and soul.

Through the use of fascinating and relevant case studies, Cohen presents stimulating questions that will challenge academics, intellectuals, and all those interested in the future of health care. In concise, evocative strokes, the book lays the foundation for a novel synthesis of ideas from such diverse disciplines as transpersonal psychology, political philosophy, and bioethics. Providing an exploration of regulatory conundrums faced by many healing professionals, Cohen articulates the value of expanding our concept of health care regulation to consider not only goals of fraud control and quality assurance, but also health care freedom, integration of global medicine, and human transformation.

Future Medicine provides a fair-minded, illuminating, and honest discussion that will interest hospice workers, pastoral counselors, and psychotherapists, as well as bioethicists, physicians and allied health care providers, complementary and alternative medical providers (such as chiropractors, acupuncturists, naturopaths, massage therapists, homeopaths, and herbalists), and attorneys, hospital administrators, health care executives, and government health care workers.

Michael H. Cohen is Director for Legal Programs, the Center for Research and Education in Complementary and Integrative Medical Therapies, Beth Israel Deaconess Medical Center, Harvard Medical School.