Results by title

At the turn of the twentieth century, life was changing drastically in Alaska. The gold rush brought an onslaught of white settlers to the area, railroad companies were pushing into the territory, and telegraph lines opened up new lines of communication. The Native groups who had hunted and fished on the land for more than a century realized that if they did not speak up now, they would lose their land forever.

This is the story of a historic meeting between Native Athabascan leaders and government officials, held in Fairbanks, Alaska in 1915. It was one of the first times that Native voices were part of the official record. They sought education and medical assistance, and they wanted to know what they could expect from the federal government. They hoped for a balance between preserving their way of life with seeking new opportunities under the law.

The Tanana Chiefs chronicles the efforts by Alaska Natives to gain recognition for rights under Western law and the struggles to negotiate government-to-government relationships with the federal government. It contains the first full transcript of the historic meeting as well as essays that connect that first gathering with the continued efforts of the Tanana Chiefs Conference, which continues to meet and fight for Native rights.

Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts.

The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical insights into the processes by which tensions between humanitarianism and security are negotiated at the local level, often with negative consequences for asylum seekers. By investigating how a politics of suspicion within asylum systems is enacted in everyday practices and interactions, the authors illustrate how asylum seekers are often produced as suspicious subjects by the very systems to which they appeal for protection.

Contributors: Ilil Benjamin, Carol Bohmer, Nadia El-Shaarawi, Bridget M. Haas, John Beard Haviland, Marco Jacquemet, Benjamin N. Lawrance, Rachel Lewis, Sara McKinnon, Amy Shuman, Charles Watters

In 1993 Margie Witt, a young Air Force nurse, was chosen as the face of the Air Force’s “Cross into the Blue” recruitment campaign. This was also the year that President Clinton’s plan for gays to serve openly in the military was quashed by an obdurate Congress, resulting in the blandly cynical political compromise known as Don’t Ask, Don’t Tell. Contrary to its intent, DADT had the perverse effect of making it harder for gay servicemen and -women to fight expulsion. Over the next seventeen years more than 13,000 gay soldiers, sailors, marines, coast guard, and airmen and -women were removed from military service. That is, until Margie Witt’s landmark case put a stop to it. Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner—now wife—Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights. Tell is a testament to the power of love to transform hearts and minds, as well as a celebration of the indomitable spirit of Major Witt, her wife Laurie, her dedicated legal team, and the brave men and women who came forward to testify on her behalf in a historic federal trial. “The name Margaret Witt may join the canon of US civil rights pioneers.” —Guardian “Major Witt’s trial provided an unparalleled opportunity to attack the central premise of [Don’t Ask, Don’t Tell] . . . and set an important precedent.”— New York Times “A landmark ruling.”—Politico

During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal "manufactory of citizens,” a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the nation for most of the twentieth century.

 

In The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization of this separate and unequal juvenile justice system. Ward explores how generations of “black child-savers” mobilized to challenge the threat to black youth and community interests and how this struggle grew aligned with a wider civil rights movement, eventually forcing the formal integration of American juvenile justice. Ward’s book reveals nearly a century of struggle to build a more democratic model of juvenile justice—an effort that succeeded in part, but ultimately failed to deliver black youth and community to liberal rehabilitative ideals.

 

Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites. Basing his narrative on massive primary research, often utilizing previously unexplored sources, Stephen Middleton tells the story of racial oppression in Ohio and recounts chilling episodes of how blacks asserted their freedom by challenging the restrictions in the racial codes until the state legislature repealed some pernicious features in 1849 and finally abolished them in 1886. The fastest-growing state in antebellum America and the destination of whites from the North and the South, Ohio also became the destination for thousands of southern blacks, both free and runaway. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination, and the other was the thirst of African Americans and their white allies for equality under the law for all Americans. Written in a clear and compelling style, this pathbreaking study will be required reading for historians, legal scholars, students, and those interested in the struggle for civil rights in America.

The Rowley family's struggle began when Amy entered kindergarten and culminated five years later in a pivotal decision by the U.S. Supreme Court. In effect, the Court majority concluded that the Individuals with Disabilities Education Act did not mandate equal opportunity for children with disabilities in classes with typical children; a disappointing decision for disability advocates.

The Supreme Court decided that schools were required only to provide enough help for children with disabilities to pass from grade to grade. The Court reversed the lower courts' rulings, which had granted Amy an interpreter, setting a precedent that could affect the quality of education for all individuals with disabilities.

From the time Amy entered kindergarten in Peekskill, New York, her parents battled with school officials to get a sign language interpreter in the classroom. Nancy and Clifford Rowley, also deaf, struggled with officials for their own right to a communications process in which they could fully participate. Stuck in limbo was a bright, inquisitive child, forced to rely on partial lipreading of rapid classroom instruction and interaction, and sound amplifiers that were often broken and always cumbersome.

R.C. Smith chronicles the Rowley family's dealings with school boards, lawyers, teachers, expert consultants, advocates, and supporters, and their staunch determination to get through the exhaustive process of presenting the case time after time to school adjudicative bodies and finally the federal courts. The author also documents his own "coming to awareness" about how the "able" see the "disabled."

In the series Health, Society, and Policy, edited by Sheryl Ruzek and Irving Kenneth Zola.

In 1836, an enslaved six-year-old girl named Med was brought to Boston by a woman from New Orleans who claimed her as property. Learning of the girl's arrival in the city, the Boston Female Anti-Slavery Society (BFASS) waged a legal fight to secure her freedom and affirm the free soil of Massachusetts. While Chief Justice Lemuel Shaw ruled quite narrowly in the case that enslaved people brought to Massachusetts could not be held against their will, BFASS claimed a broad victory for the abolitionist cause, and Med was released to the care of a local institution. When she died two years later, celebration quickly turned to silence, and her story was soon forgotten. As a result, Commonwealth v. Aves is little known outside of legal scholarship. In this book, Karen Woods Weierman complicates Boston's identity as the birthplace of abolition and the cradle of liberty, and restores Med to her rightful place in antislavery history by situating her story in the context of other writings on slavery, childhood, and the law.

On the morning of May 7, 1965, the American freighter Cedarville collided with the Norwegian vessel Topdalsfjord in heavy fog in the Straits of Mackinac. Ultimately, ten crew members of the Cedarville died and a legal battle ensued implicating U.S. Steel---the company that owned the Cedarville---in the chain of events leading to the tragedy.

The Cedarville Conspiracy is the story of that doomed ship and its crew. It is also the first Great Lakes history to expose the heroism, villainy, courage, and confusion surrounding the Cedarville disaster.

In atmospheric, cinematic style, L. Stephen Cox's gripping page-turner dramatizes the events surrounding the collision between the Norwegian and American freighters. As the mortally wounded Cedarville began to list and sink, U.S. Steel refused to allow the crew to escape to safety, while the captain secretly donned his life jacket and abandoned the sinking ship. Ten seamen died in the frigid waters that morning as the captain and survivors swam to safety.

Researching the story, author L. Stephen Cox interviewed the surviving crew and their rescuers and attorneys, examined more than 20,000 pages of Coast Guard reports, and discovered deposition transcripts and other documentary evidence that detailed the deterioration of the ship, the captain's disregard of Great Lakes navigational rules, the company's participation in the decision to confine the men aboard the sinking vessel, and the subsequent efforts by U.S. Steel to manipulate the evidence.

When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause.

The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado.

Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.

Over the past few decades, significant changes have occurred across capital markets. Shareholder activists have become more prominent, institutional investors have begun to wield more power, and intermediaries like investment advisory firms have greatly increased their influence. These changes to the economic environment in which corporations operate have outpaced changes in basic corporate law and left corporations uncertain of how to respond to the new dynamics and adhere to their fiduciary duties to stockholders.
           
With The Corporate Contract in Changing Times, Steven Davidoff Solomon and Randall Stuart Thomas bring together leading corporate law scholars, judges, and lawyers from top corporate law firms to explore what needs to change and what has prevented reform thus far. Among the topics addressed are how the law could be adapted to the reality that activist hedge funds pose a more serious threat to corporations than the hostile takeovers and how statutory laws, such as the rules governing appraisal rights, could be reviewed in the wake of appraisal arbitrage. Together, the contributors surface promising paths forward for future corporate law and public policy.
 

In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films.

Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.

The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it.

The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.

The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.

Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
 

In 1982, the United States Supreme Court ruled that Amy Rowley, a deaf six-year-old, was not entitled to have a sign language interpreter in her public school classroom. Lawrence Siegel wholeheartedly disagrees with this decision in his new book The Human Right to Language: Communication Access for Deaf Children. Instead, he contends that the United States Constitution should protect every deaf and hard of hearing child’s right to communication and language as part of an individual’s right to liberty. Siegel argues that when a deaf or hard of hearing child sits alone in a crowded classroom and is unable to access the rich and varied communication around her, the child is denied any chance of success in life.

In The Human Right to Language, Siegel proposes that the First and Fourteenth Amendments of the Constitution be enforced so that Amy Rowley and her peers can possess that which virtually every other American child takes for granted – the right to receive and express thought in school. He asserts that the common notion of a right to “speech” is too infrequently interpreted in the narrowest sense as the right to “speak” rather than the broader right to receive and transmit information in all ways. Siegel reveals that there are no judicial decisions or laws that recognize this missing right, and offers here a legal and constitutional strategy for change. His well-reasoned hypothesis and many examples of deaf children with inadequate communication access in school combine to make a compelling case for changing the status quo.

How do "no-fault," "gender-neutral" divorce reforms actually harm the lives of women and children they are designed to protect? Focusing on the language and symbols of reform, Martha Fineman argues that by advocating measures based on equality of treatment rather than of outcome, liberal feminists disregarded the socioeconomic factors that simultaneously place women at a disadvantage in the market and favor their taking on primary domestic responsibilities. She traces in persuasive detail the detrimental effects of equality rhetoric in shaping divorce law — such as the legal separation of parents' and children's interests; equality replacing need as the prime criterion for settlements; and the increase of state intervention into family life. More than a critique, this book is an incisive argument for adopting outcome-oriented measures and a valuable overview of the pitfalls of uncritically implementing any rhetoric as social policy.

The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth.

The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

Gus Reed was a freed slave who traveled north as Sherman’s March was sweeping through Georgia in 1864. His journey ended in Springfield, Illinois, a city undergoing fundamental changes as its white citizens struggled to understand the political, legal, and cultural consequences of emancipation and black citizenship. Reed became known as a petty thief, appearing time and again in the records of the state’s courts and prisons. In late 1877, he burglarized the home of a well-known Springfield attorney—and brother of Abraham Lincoln’s former law partner—a crime for which he was convicted and sentenced to the Illinois State Penitentiary.

Reed died at the penitentiary in 1878, shackled to the door of his cell for days with a gag strapped in his mouth. An investigation established that two guards were responsible for the prisoner’s death, but neither they nor the prison warden suffered any penalty. The guards were dismissed, the investigation was closed, and Reed was forgotten.

Gus Reed’s story connects the political and legal cultures of white supremacy, black migration and black communities, the Midwest’s experience with the Civil War and Reconstruction, and the resurgence of nationwide opposition to African American civil rights in the late nineteenth century. These experiences shaped a nation with deep and unresolved misgivings about race, as well as distinctive and conflicting ideas about justice and how to achieve it.

In 1894 Wisconsin game wardens Horace Martin and Josiah Hicks were dispatched to arrest Joe White, an Ojibwe ogimaa (chief), for hunting deer out of season and off-reservation. Martin and Hicks found White and made an effort to arrest him. When White showed reluctance to go with the wardens, they started beating him; he attempted to flee, and the wardens shot him in the back, fatally wounding him. Both Martin and Hicks were charged with manslaughter in local county court, and they were tried by an all-white jury. A gripping historical study, The Murder of Joe White contextualizes this event within decades of struggle of White’s community at Rice Lake to resist removal to the Lac Courte Oreilles Reservation, created in 1854 at the Treaty of La Pointe. While many studies portray American colonialism as defined by federal policy, The Murder of Joe White seeks a much broader understanding of colonialism, including the complex role of state and local governments as well as corporations. All of these facets of American colonialism shaped the events that led to the death of Joe White and the struggle of the Ojibwe to resist removal to the reservation.

Clarence Mitchell Jr. was the driving force in the movement for passage of civil rights laws in America. The foundation for Mitchell’s struggle was laid during his tenure at the Fair Employment Practice Committee, where he led implementation of President Roosevelt’s policy barring racial discrimination in employment in the national defense and war industry programs. Mitchell’s FEPC reports and memoranda chart the beginning of the modern civil rights movement.

The first two volumes of a projected five-volume documentary edition of The Papers of Clarence Mitchell Jr. illuminate the FEPC’s work as a federal affirmative-action agency and the government’s struggle to enforce the nation’s antidiscrimination policy in industry, federal agencies, and labor unions.

Subsequent volumes will trace Mitchell’s successive enlistment of seven presidents in establishing and enforcing a permanent national nondiscrimination policy. Through his efforts, Congress passed the 1957, 1960, and 1964 Civil Rights Acts prohibiting discrimination in public accommodations, federal spending, and employment based on race, color, sex, and national origin; the 1965 Voting Rights Act; and the 1968 Fair Housing Act.

Editor Denton L. Watson introduces and annotates Mitchell’s writings, providing context and insight for students and scholars of civil rights history, government, law, and sociology.

Clarence Mitchell Jr. was the driving force in the movement for passage of civil rights laws in America. The foundation for Mitchell’s struggle was laid during his tenure at the Fair Employment Practice Committee, where he led implementation of President Roosevelt’s policy barring racial discrimination in employment in the national defense and war industry programs. Mitchell’s FEPC reports and memoranda chart the beginning of the modern civil rights movement.

The first two volumes of a projected five-volume documentary edition of The Papers of Clarence Mitchell Jr. illuminate the FEPC’s work as a federal affirmative-action agency and the government’s struggle to enforce the nation’s antidiscrimination policy in industry, federal agencies, and labor unions.

Subsequent volumes will trace Mitchell’s successive enlistment of seven presidents in establishing and enforcing a permanent national nondiscrimination policy. Through his efforts, Congress passed the 1957, 1960, and 1964 Civil Rights Acts prohibiting discrimination in public accommodations, federal spending, and employment based on race, color, sex, and national origin; the 1965 Voting Rights Act; and the 1968 Fair Housing Act.

Editor Denton L. Watson introduces and annotates Mitchell’s writings, providing context and insight for students and scholars of civil rights history, government, law, and sociology.

Volume V of The Papers of Clarence Mitchell Jr. records the successful effort to pass the 1957 Civil Rights Act: the first federal civil rights legislation since 1875.

Prior to the US Supreme Court’s landmark 1954 decision in Brown v. Board of Education, the NAACP had faced an impenetrable wall of opposition from southerners in Congress. Basing their assertions on the court’s 1896 “separate but equal” decision in Plessy v. Ferguson, legislators from the South maintained that their Jim Crow system was nondiscriminatory and thus constitutional. In their view, further civil rights laws were unnecessary. In ruling that legally mandated segregation of public schools was unconstitutional, the Brown decision demolished the southerners’ argument. Mitchell then launched the decisive stage of the struggle to pass modern civil rights laws.

The passage of the Civil Rights Act of 1957 was the first comprehensive lobbying campaign by an organization dedicated to that purpose since Reconstruction. Coming on the heels of the Brown decision, the 1957 law was a turning point in the struggle to accord Black citizens full equality under the Constitution. The act’s passage, however, was nearly derailed in the Senate by southern opposition and Senator Strom Thurmond’s record-setting filibuster, which lasted more than twenty-four hours. Congress later weakened several provisions of the act but—crucially—it broke a psychological barrier to the legislative enactment of such measures.

The Papers of Clarence Mitchell Jr. is a detailed record of the NAACP leader’s success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

The Civil Rights Act of 1960 aimed to close loopholes in its 1957 predecessor that had allowed continued voter disenfranchisement for African Americans and for Mexicans in Texas.

In early 1959, the newly seated Eighty-Sixth Congress had four major civil rights bills under consideration. Eventually consolidated into the 1960 Civil Rights Act, their purpose was to correct the weaknesses in the 1957 law. Mitchell’s papers from 1959 to 1960 show the extent to which congressional resistance to the passage of meaningful civil rights laws contributed to the lunch counter sit-ins in Greensboro, North Carolina, and to subsequent demonstrations. The papers reveal how the repercussions of these events affected the NAACP’s work in Washington and how, despite their dislike of demonstrations, NAACP officials used them to intensify the civil rights struggle.

Among the act’s seven titles were provisions authorizing federal inspection of local voter registration rolls and penalties for anyone attempting to interfere with voters on the basis of race or color. The law extended the powers of the US Commission on Civil Rights and broadened the legal definition of the verb to vote to encompass all elements of the process: registering, casting a ballot, and properly counting that ballot. Ultimately, Mitchell considered the 1960 act unsuccessful because Congress had failed to include key amendments that would have further strengthened the 1957 act. In the House, representatives used parliamentary tactics to stall employment protections, school desegregation, poll-tax elimination, and other meaningful civil rights reforms. The fight would continue.

The Papers of Clarence Mitchell Jr. series is a detailed record of the NAACP leader’s success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

Variously described as an exchange of gifts, a destruction of property, a system of banking, and a struggle for prestige, the potlatch is one of the founding concepts of anthropology. Some researchers even claim to have discovered traces of the potlatch in all the economies of the world.

However, as Christopher Bracken shows in this elegantly argued work, the potlatch was in fact invented by the nineteenth-century Canadian law that sought to destroy it. In addition to giving the world its own potlatch, the law also generated a random collection of "potlatch papers" dating from the 1860s to the 1930s. Bracken meticulously analyzes these documents—some canonical, like Franz Boas's ethnographies, others unpublished and little known—to catch a colonialist discourse in the act of constructing fictions about certain First Nations and then deploying those fictions against them. Rather than referring to objects that already exist, the "potlatch papers" instead gave themselves something to refer to; a mirror in which to observe not "the Indian," but "the European."

Despite lethal explosions of violence from within and critical assaults from without, it seems certain that prisons will continue to exist for the foreseeable future. Gordon Hawkins argues that certain key issues which attend the use of imprisonment as a penal method must be dealt with realistically. Beginning with a discussion of the ideology of imprisonment and the principal lines of criticism directed at it, Hawkins examines such issues as the prisonization hypothesis (the theory that prisons serve as a training ground for criminals), the role of the prison guard, work in prisons, and the use of prisoners as research subjects for medical experiments. He also deals with the prisoners' rights movement and its implications for the future of prison administration. Hawkins not only makes specific recommendations for reform, he also carefully appraises the barriers which obstruct their implementation.

"Hawkins devotes a large portion of this relatively short book to a discussion of some of the really crucial policy activities that tend to stifle meaningful reform and then goes on to tell how at least some of these policies can be altered. . . . The book concludes with a chapter devoted to a discussion of impediments to change that should be required reading for all serious students of penology."—Choice

"Hawkins has added a much needed down-to-earch analysis of prison. . . . This is not a pessimistic book. It is a realistic book. It avoids the pitfall of utopian and single-factor solutions to an extremely complex problem."—Graeme R. Newman, Annals of the American Academy of Political and Social Science

While medical identification and treatment of gender dysphoria have existed for decades, the development of transgender as a “collective political identity” is a recent construct. Over the past twenty-five years, the transgender movement has gained statutory nondiscrimination protections at the state and local levels, hate crimes protections in a number of states, inclusion in a federal law against hate crimes, legal victories in the courts, and increasingly favorable policies in bureaucracies at all levels. It has achieved these victories despite the relatively small number of trans people and despite the widespread discrimination, poverty, and violence experienced by many in the transgender community. This is a remarkable achievement in a political system where public policy often favors those with important resources that the transgender community lacks: access, money, and voters. The Remarkable Rise of Transgender Rights explains the growth of the transgender rights movement despite its marginalized status within the current political opportunity structure.

In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period.

The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional.

The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover’s brief, but enormously important, appearance in Wisconsin on the eve of the Civil War.

H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom’s Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover’s rescue raised troubling questions about citizenship and the place of free blacks in America.

The Scandal of the State is a revealing study of the relationship between the postcolonial, democratic Indian nation-state and Indian women’s actual needs and lives. Well-known for her work combining feminist theory and postcolonial studies, Rajeswari Sunder Rajan shows how the state is central to understanding women’s identities and how, reciprocally, women and “women’s issues” affect the state’s role and function. She argues that in India law and citizenship define for women not only the scope of political rights but also cultural identity and everyday life. Sunder Rajan delineates the postcolonial state in implicit contrast with the “enlightened,” postfeminist neoliberal state in the West. Her analysis wrestles with complex social realities, taking into account the influence of age, ethnicity, religion, and class on individual and group identities as well as the shifting, heterogeneous nature of the state itself.

The Scandal of the State develops through a series of compelling case studies, each of which centers around an incident exposing the contradictory position of the Indian state vis-à-vis its female citizens and, ultimately, the inadequacy of its commitment to women’s rights. Sunder Rajan focuses on the custody battle over a Muslim child bride, the compulsory sterilization of mentally retarded women in state institutional care, female infanticide in Tamilnadu, prostitution as labor rather than crime, and the surrender of the female outlaw Phoolan Devi. She also looks at the ways the Uniform Civil Code presented many women with a stark choice between allegiance to their religion and community or the secular assertion of individual rights. Rich with theoretical acumen and activist passion, The Scandal of the State is a powerful critique of the mutual dependence of women and the state on one another in the specific context of a postcolonial modernity.

An incomparably rich source of period information, The Southern Debate over Slavery offers a representative sampling of the thousands of petitions about issues of race and slavery that southerners submitted to their state legislatures between the American Revolution and the Civil War.
 
These petitions, filed by slaveholders and nonslaveholders, slaves and free blacks, women and men, abolitionists and staunch defenders of slavery, constitute a uniquely important primary source. Petitioners were compelled to present the most accurate and fully documented case they could, since their claims would be subject to public scrutiny and legal verification. Unlike the many reminiscences and autobiographies of the period, these petitions record with great immediacy and minute detail the dynamics, common understandings, and legal restrictions and parameters that shaped southern society during this period.
 
Arranged chronologically, with their original spelling and idiosyncratic phraseology intact, these documents reveal the grim and brutal nature of human bondage, the fears of whites who lived among large concentrations of blacks, and the workings of the complicated legal system designed to control blacks. They tell about the yearning of bondspeople to gain their freedom, the attitudes of freed blacks who were forced to leave the South, and the efforts of African Americans to overcome harsh and restrictive laws. They also underscore the unique situation of free women of color and the reliance of manumitted (formally freed) blacks on their former owners for protection, travel passes, guardianship papers, and reference letters.
 
Astonishingly intimate and frank,The Southern Debate over Slavery illuminates how slavery penetrated nearly every aspect of southern life and how various groups of southerners responded to the difficulties they confronted as a result of living in a slave society.
 

An incomparably rich source of period information, the second volume of The Southern Debate over Slavery offers a representative and extraordinary sampling of the thousands of petitions about issues of race and slavery that southerners submitted to county courts between the American Revolution and Civil War. These petitions, filed by slaveholders and nonslaveholders, slaves and free blacks, women and men, abolitionists and staunch defenders of slavery, constitute a uniquely important primary source. The collection records with great immediacy and minute detail the dynamics and legal restrictions that shaped southern society.

In the spring of 1877 government officials forcibly removed members of the Ponca tribe from their homelands in the southeastern corner of Dakota territory, relocating them in the Indian Territory in Oklahoma. When Ponca Chief Standing Bear attempted to lead a group of his people home he was arrested, detained, and put on trial.
 
In this book Valerie Sherer Mathes and Richard Lowitt examine how the national publicity surrounding the trial of Chief Standing Bear, as well as a speaking tour by the chief and others, brought the plight of his tribe, and of tribespeople across America, to the attention of the general public, serving as a catalyst for the nineteenth-century Indian reform movement.
 
As the authors show, the eventual ramifications of the removal, flight, and trial of Standing Bear were extensive, and included the rise of an organized humanitarian reform movement, significant changes in the administration of Indian affairs, and the passage of the General Allotment Act in 1887.
 
This is the first full-length study of the Standing Bear trial and its consequences, and Mathes and Lowitt draw on a vast array of manuscript, diary, and journalistic sources in order to chronicle the events of 1877, as well as the effect the trial had on broader American popular opinion, on the federal government, and finally on the Native American population as a whole.