320 books match the query 'Legal status, laws, etc' and 38 start with a
Patricio Simonetto
University of Texas Press, 2024
2026 Silver Medal for the Best LGBTQ+ Themed Book, Conference on Latin American History (CLAH)
2026 Honorable Mention, Book Award, Social History Society
2025 Best Book in Social Sciences Award, Southern Cone Section, Latin American Studies Association
2024 Sylvia Rivera Award in Transgender Studies, The Center for LGBTQ Studies at the Graduate Center, CUNY
A history of Argentina that examines how trans bodies were understood, policed, and shaped in a country that banned medically assisted gender affirmation practices and punished trans lives.
As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own places the histories of trans bodies at the core of modern Argentinian history. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone. A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.
György Majtényi
Central European University Press, 2016
Elmer R. Rusco
University of Nevada Press, 2026
The Indian Reorganization Act (IRA) of 1934 has been generally acknowledged as the most important statute affecting Native Americans after the General Allotment Act of 1887, and it is probably the most important single statute affecting Native Americans during the two-thirds of a century since its passage. Over half the Native governments in the contemporary U.S. are organized under its provisions or under separate statutes that parallel the IRA in major ways. Although the impact of the IRA has been widely studied and debated, no scholar until now has looked closely at the forces that shaped its creation and passage. Author Elmer Rusco spent over a decade of research in national and regional archives and other repositories to examine the legislative intent of the IRA, including the role of issues like the nature and significance of judge-made Indian law; the allotment policy and its relation to Indian self-government; the nature of Native American governments before the IRA; the views and actions of John Collier, commissioner of Indian Affairs and leader in the campaign to reform the nation’s Indian policy; and the influence of relations between the president and Congress during the second year of the New Deal. Rusco also discusses the role of conflicting ideologies and interests in this effort to expand the rights of Native Americans; the general ignorance of Native American concerns and policy on the part of legislators engaged in the writing and passage of the law; and the limited but crucial impact of Indian involvement in the struggle over the IRA.
Winnifred Fallers Sullivan
University of Chicago Press, 2014
Natasha Kirsten Kraus
Duke University Press, 2008
Enabling Kraus’s retelling of the 1850s woman’s rights movement is her theory of “structural aporias,” which takes the institutional structures of any particular society as fully imbricated with the force of language. Kraus reads the antebellum relations of womanhood, contract, property, the economy, and the nation as a fruitful site for analysis of the interconnected power of language, culture, and the law. She combines poststructural theory, particularly deconstructive approaches to discourse analysis; the political economic history of the antebellum era; and the interpretation of archival documents, including woman’s rights speeches, petitions, pamphlets, and convention proceedings, as well as state legislative debates, reports, and constitutional convention proceedings. Arguing that her method provides critical insight not only into social movements and cultural changes of the past but also of the present and future, Kraus concludes A New Type of Womanhood by considering the implications of her theory for contemporary feminist and queer politics.
Alice Beck Kehoe
University of Arizona Press, 2014
William D. Green
University of Minnesota Press, 2015
A Peculiar Imbalance is the little-known history of the black experience in Minnesota in the mid-1800s, a time of dramatic change in the region. William D. Green explains how, as white progressive politicians pushed for statehood, black men who had been integrated members of the community, owning businesses and maintaining good relationships with their neighbors, found themselves denied the right to vote or to run for office in those same communities.
As Minnesota was transformed from a wilderness territory to a state, the concepts of race and ethnicity and the distinctions among them made by Anglo-Americans grew more rigid and arbitrary. A black man might enjoy economic success and a middle-class lifestyle but was not considered a citizen under the law. In contrast, an Irish Catholic man was able to vote—as could a mixed-blood Indian—but might find himself struggling to build a business because of the ethnic and religious prejudices of the Anglo-American community. A Peculiar Imbalance examines these disparities, reflecting on the political, social, and legal experiences of black men from 1837 to 1869, the year of black suffrage.
Patrick D. Lukens
University of Arizona Press, 2012
In 1935 a federal court judge handed down a ruling that could have been disastrous for Mexicans, Mexican Americans, and all Latinos in the United States. However, in an unprecedented move, the Roosevelt administration wielded the power of "administrative law" to neutralize the decision and thereby dealt a severe blow to the nativist movement. A Quiet Victory for Latino Rights recounts this important but little-known story.
To the dismay of some nativist groups, the Immigration Act of 1924, which limited the number of immigrants who could be admitted annually, did not apply to immigrants from Latin America. In response to nativist legal maneuverings, the 1935 decision said that the act could be applied to Mexican immigrants. That decision, which ruled that the Mexican petitioners were not "free white person[s]," might have paved the road to segregation for all Latinos.
The League of United Latin American Citizens (LULAC), founded in 1929, had worked to sensitize the Roosevelt administration to the tenuous position of Latinos in the United States. Advised by LULAC, the Mexican government, and the US State Department, the administration used its authority under administrative law to have all Mexican immigrants—and Mexican Americans—classified as "white." It implemented the policy when the federal judiciary "acquiesced" to the New Deal, which in effect prevented further rulings.
In recounting this story, complete with colorful characters and unlikely bedfellows, Patrick D. Lukens adds a significant chapter to the racial history of the United States.
By Shelagh Weir
University of Texas Press, 2006
2008 — British-Kuwait Friendship Prize in Middle Eastern Studies – British Society for Middle Eastern Studies
A Tribal Order describes the politico-legal system of Jabal Razih, a remote massif in northern Yemen inhabited by farmers and traders. Contrary to the popular image of Middle Eastern tribes as warlike, lawless, and invariably opposed to states, the tribes of Razih have stable structures of governance and elaborate laws and procedures for maintaining order and resolving conflicts with a minimum of physical violence. Razihi leaders also historically cooperated with states, provided the latter respected their customs, ideals, and interests. Weir considers this system in the context of the rugged environment and productive agricultural economy of Razih, and of centuries of continuous rule by Zaydi Muslim regimes and (latterly) the republican governments of Yemen.
The book is based on Weir's extended anthropological fieldwork on Jabal Razih, and on her detailed study of hundreds of handwritten contracts and treaties among and between the tribes and rulers of Razih. These documents provide a fascinating insight into tribal politics and law, as well as state-tribe relations, from the early seventeenth to the late twentieth century. A Tribal Order is also enriched by case histories that vividly illuminate tribal practices. Overall, this unusually wide-ranging work provides an accessible account of a remarkable Arabian society through time.

Kerry Abel
University of Manitoba Press, 1991
Iris Berger
Ohio University Press, 2015
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.
Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Tabitha Kanogo
Ohio University Press, 2000
This book explores the history of African womanhood in colonial Kenya. By focussing on key sociocultural institutions and practices around which the lives of women were organized, and on the protracted debates that surrounded these institutions and practices during the colonial period, it investigates the nature of indigenous, mission, and colonial control of African women.
The pertinent institutions and practices include the legal and cultural status of women, clitoridectomy, dowry, marriage, maternity and motherhood, and formal education. By following the effects of the all-pervasive ideological shifts that colonialism produced in the lives of women, the study investigates the diverse ways in which a woman’s personhood was enhanced, diminished, or placed in ambiguous predicaments by the consequences, intended and unintended, of colonial rule as administered by both the colonizers and the colonized. The study thus tries to historicize the reworkings of women’s lives under colonial rule. The transformations that resulted from these reworkings involved the negotiation and redefinition of the meaning of individual liberties and of women’s agency, along with the reconceptualization of kinship relations and of community.
These changes resulted in—and often resulted from—increased mobility for Kenyan women, who were enabled to cross physical, cultural, economic, social, and psychological frontiers that had been closed to them prior to colonial rule. The conclusion to which the experiences of women in colonial Kenya points again and again is that for these women, the exercise of individual agency, whether it was newly acquired or repeatedly thwarted, depended in large measure on the unleashing of forces over which no one involved had control. Over and over, women found opportunities to act amid the conflicting policies, unintended consequences, and inconsistent compromises that characterized colonial rule.
Leslie M. ALexander
University of Illinois Press, 2012
During the early national and antebellum eras, black leaders in New York City confronted the tenuous nature of Northern emancipation. Despite the hope of freedom, black New Yorkers faced a series of sociopolitical issues including the persistence of Southern slavery, the threat of forced removal, racial violence, and the denial of American citizenship. Even efforts to create community space within the urban landscape, such as the African Burial Ground and Seneca Village, were eventually demolished to make way for the city's rapid development. In this illuminating history, Leslie M. Alexander chronicles the growth and development of black activism in New York from the formation of the first black organization, the African Society, in 1784 to the eve of the Civil War in 1861. In this critical period, black activists sought to formulate an effective response to their unequal freedom. Examining black newspapers, speeches, and organizational records, this study documents the creation of mutual relief, religious, and political associations, which black men and women infused with African cultural traditions and values.
As Alexander reveals, conflicts over early black political strategy foreshadowed critical ideological struggles that would bedevil the black leadership for generations to come. Initially, black leaders advocated racial uplift through a sense of communalism and connection to their African heritage. Yet by the antebellum era, black activists struggled to reconcile their African identity with a growing desire to gain American citizenship. Ultimately, this battle resulted in competing agendas; while some leaders argued that the black community should dedicate themselves to moral improvement and American citizenship, others began to consider emigrating to Africa or Haiti. In the end, the black leadership resolved to assert an American identity and to expand their mission for full equality and citizenship in the United States. This decision marked a crucial turning point in black political strategy, for it signaled a new phase in the quest for racial advancement and fostered the creation of a nascent Black Nationalism.
Lawrence Frolik
Temple University Press, 1999
Richard A. Posner
University of Chicago Press, 1995
Robert W. Kaps
Southern Illinois University Press, 1997
Robert W. Kaps examines air transport labor law in the United States as well as the underlying legislative and policy directives established by the federal government. The body of legislation governing labor relations in the private sector of the U.S. economy consists of two separate and distinct acts: the Railway Labor Act (RLA), which governs labor relations in the railroad and airline industries, and the National Labor Relations Act (NLRA), which governs labor relations in all other industrial sectors.
Although the NLRA closely follows the pattern established by the RLA, Kaps notes that the two laws are distinguishable in several important areas. Labor contracts negotiated under the RLA continue in perpetuity, for example, whereas all other labor contracts expire at a specified date. Other important areas of difference relate to the collective bargaining process itself, the procedures for the arbitration of disputes and grievances, and the spheres of authority and jurisdiction to consider such matters as unfair labor practices.
Congress established a special labor law for railroad and airline workers for several reasons. Because of transportation’s critical importance to the economy, an essential goal of public policy has been to ensure that both passenger and freight transportation services continue without interruption. Production can cease—at least temporarily—in most other industries without causing significant harm to the economy. When transportation stops, however, production stops. Thus Congress saw fit to enact a statute that contained provisions to ensure that labor strife would not halt rail services. Primarily because of the importance of air mail transportation, the Railway Labor Act of 1926 was extended to the airline industry in 1936.
The first section of this book introduces labor policy and presents a history of the labor movement in the United States. Discussing early labor legislation, Kaps focuses on unfair labor practices and subsequent major labor statutes.
The second section provides readers with a comparison of labor provisions that apply to the railroad and airline industries as well as to the remainder of the economy.
The final section centers on the evolution of labor in the airline industry. The author pays particular attention to recent events affecting labor in commercial aviation, particularly the effect of airline deregulation on airline labor.
David Case
University of Alaska Press, 2002
David S. Case and David A. Voluck
University of Alaska Press, 2012
Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska’s first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state.
Monisha Das Gupta
Duke University Press, 2024
Vanessa Ann Gunther
Michigan State University Press, 2006
In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.
Hardy Conference of Western Attorneys General
University Press of Colorado, 2004
Patrick Hagopian
University of Massachusetts Press, 2013
In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. “This was not merely a theoretical possibility,” Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact “get away with murder.” Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.
In American Immunity, Hagopian places what he calls the “superpower exemption” in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts.
In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.
Edited by Eric D. Lemont
University of Texas Press, 2006
Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development.
This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
E. Richard Hart
University of Utah Press, 2017
Conference of Western Attorneys General Conference of Western Attorneys General
University Press of Colorado, 2008
Included are:
-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.
By David E. Wilkins
University of Texas Press, 1997
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs.
In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well.
These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
David DeJong
University of Utah Press, 2015
When it comes to American Indian treaties, the American polity too often forgets the realities of history. Prevailing perceptions are often not only inaccurate but also premised on outright falsehoods. Treaty-making was profoundly influenced by tribal conceptions of diplomacy. Colonial and early U.S. treaties especially were clothed in ritual, metaphor, and covenants that emphasized the sacred nature and purpose of diplomacy and represented a time when tribal nations were equal partners. To understand the nature and meaning of tribal treaties one needs to read them and recognize their sacred pledges and meaning, which are still relevant today.
This volume examines intertribal treaties and treaty-making and provides understanding of both the agreements and the diplomatic protocols in which they were enmeshed. It summarizes colonial Indian treaty discourse, intertribal treaties and diplomacy, the different eras of ratified and unratified U.S. treaties, foreign and state treaties with Indian nations, and the Indian agreements that followed the cessation of official treaty-making. It provides extensive lists of over 1,500 Indian treaties from all tribal diplomatic eras and includes dates, participants, purposes, and references.
By Vine Deloria, Jr., and Clifford M. Lytle
University of Texas Press, 1983
Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts.
American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.
Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
Franklin E. Zimring
University of Chicago Press, 2004
An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.
“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review
“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency
By Ben M. Crouch and James W. Marquart
University of Texas Press, 1989
How does a prison achieve institutional order while safeguarding prisoners' rights? Since the early 1960s, prison reform advocates have aggressively used the courts to extend rights and improve life for inmates, while prison administrators have been slow to alter the status quo. Litigated reform has been the most significant force in obtaining change.
An Appeal to Justice is a critical tudy of how the Texas Department of Corrections was transformed by Ruiz v. Estelle, the most sweeping class-action suit in correctional law history. Orders from federal judge William W. Justice rapidly moved the Texas system from one of the most autonomous, isolated, and paternalistic system to a more constitutional bureaucracy. In many respects the Texas experience is a microcosm of the transformation of American corrections over the second half of the twentieth century.
This is a careful account of TDC's fearful past as a plantation system, its tumultuous litigated reform, and its subsequent efforts to balance prisoner rights and prison order. Of major importance is the detailed examination of the broad stages of the reform process (and its costs and benefits) and an intimate look at prison brutality and humanity. The authors examine the terror tactics of the inmate guards, the development of prisoner gangs and widespread violence during the reforms, and the stability that eventually emerged. They also detail the change of the guard force from a relatively small, cohesive cadre dependent on discretion, personal loyalty, and physical dominance to a larger and more fragmented security staff controlled by formal procedures.
Drawing on years of research in archival sources and on hundreds of interviews with prisoners, administrators, and staff, An Appeal to Justice is a unique basis for assessing the course and consequences of prison litigation and will be valuable reading for legislators, lawyers, judges, prison administrators, and concerned citizens, as well as prison and public policy scholars.
Edited by Rachel Bonney and J. Anthony Paredes; Foreword by Raymond D. Fogelson
University of Alabama Press, 2001
edited by D. Kelly Weisberg
Temple University Press, 1996
Stewart Motha
University of Michigan Press, 2018
Apostolos Andrikopoulos
University of Chicago Press, 2023
Justin B. Richland
University of Chicago Press, 2008
Merlin Owen Newton
University of Alabama Press, 1995
Clare Sears
Duke University Press, 2015
Catherine Weinberger-Thomas
University of Chicago Press, 1999