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5 books match the query 'American Law'
Latinos and American Law
Landmark Supreme Court CasesBy Carlos R. Soltero
University of Texas Press, 2006
To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001.
Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.
Prairie Justice
A History of Illinois Courts under French, English, and American LawRoger L. Severns. Edited by John A. Lupton
Southern Illinois University Press, 2015
Winner, ISHS Superior Achievement Award for a Scholarly Publication, 2016
A concise legal history of Illinois through the end of the nineteenth century, Prairie Justice covers the region’s progression from French to British to early American legal systems, which culminated in a unique body of Illinois law that has influenced other jurisdictions. Written by Roger L. Severns in the 1950s and published in serial form in the 1960s, Prairie Justice is available now for the first time as a book, thanks to the work of editor John A. Lupton, an Illinois and legal historian who also contributed an introduction.
Illinois’ legal development demonstrates the tension between two completely different European legal systems, between river communities and prairie towns, and between agrarian and urban interests. Severns uses several rulings—including a reconstitution of the Supreme Court in 1824, slavery-related cases, and the impeachment of a Supreme Court justice—to examine political movements in Illinois and their impact on the local judiciary. Through legal decisions, the Illinois judiciary became an independent, co-equal branch of state government. By the mid-nineteenth century, Illinois had established itself as a leading judicial authority, influencing not only the growing western frontier but also the industrialized and farming regions of the country. With a close eye for detail, Severns reviews the status of the legal profession during the 1850s by looking new members of the Court, the nostalgia of circuit riding, and how a young lawyer named Abraham Lincoln rose to prominence.
Illinois has a rich judicial history, but that history has not been adequately documented until now. With the publication of Prairie Justice, those interested in Illinois legal history finally have a book that covers the development of the state’s judiciary in its formative years.
Recovering Self-Evident Truths
Catholic Perspectives on American LawMichael A. Scaperlanda
Catholic University of America Press, 2007
Who Owns Culture?
Appropriation and Authenticity in American LawScafidi, Susan
Rutgers University Press, 2005
While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?
Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?
Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
Wisconsin and the Shaping of American Law
Joseph A. Ranney
University of Wisconsin Press, 2017
Organized around periods of social need and turmoil, the book considers the role of states as legal laboratories in establishing American authority west of the Appalachians, in both implementing and limiting Jacksonian reforms and in navigating legal crises before and during the Civil War—including Wisconsin's invocation of sovereignty to defy federal fugitive slave laws. Ranney also surveys judicial revolts, the reforms of the Progressive era, and legislative responses to struggles for civil rights by immigrants, women, Native Americans, and minorities in the nineteenth and twentieth centuries. Since the 1960s, battles have been fought at the state level over such issues as school vouchers, voting, and abortion rights.