Almost Citizens lays out the tragic story of how the United States denied Puerto Ricans full citizenship following annexation of the island in 1898. As America became an overseas empire, a handful of remarkable Puerto Ricans debated with US legislators, presidents, judges, and others over who was a citizen and what citizenship meant. This struggle caused a fundamental shift in constitution law: away from the post-Civil War regime of citizenship, rights, and statehood, and toward doctrines that accommodated racist imperial governance. Erman's gripping account shows how, in the wake of the Spanish-American War, administrators, lawmakers, and presidents together with judges deployed creativity and ambiguity to transform constitutional meaning for a quarter of a century. The result is a history in which the United States and Latin America, Reconstruction and empire, and law and bureaucracy intertwine.
The publication of Alexis de Tocqueville’s Democracy in America has kindled interest across disciplines to appraise the exceptional nature of U.S. activities. In general, however, all the published works have not focused their analyses from an economic point of view. While economics was for some a “dismal science” following Thomas Carlyle’s characterization of Malthus’ demographic model, it has increasingly become the “queen of the social sciences” for more practitioners. The book fills a gap in the literature by describing the American contributors as precursors and genuinely exceptional economists. We present their works within the state of the nation in which they advance their discipline.
One is treated to both qualitative and quantitative theories in the opening chapter. Budding theories that became established theories of Economics and Finance are investigated in Chapters II and III. When President John Adams was confronted with M. Turgot’s criticisms of the American government, he resorted to a historic survey of types of government from ancient Greece to the Middle Ages. Similarly, we have included a final chapter, Chapter IV, to present the argument for American Exceptionalism in the domain of Political Economy and Economic Law over the ages.
Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen.
Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights.
This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that:
(1) deprive pregnancy or parenthood of people who set out to pursue them;
(2) impose pregnancy or parenthood on those who tried to avoid these roles; or
(3) confound efforts to have a child with or without certain genetic traits.
This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
Water law is of huge importance in California because of the lack of water in the majority of the state and the prospect of greater shortages in an era of warming climate. It is certain that conflicts and litigation over the rights to and usage of water are going to increase in the coming years. This guide introduces researchers to the basic concepts and resources (both print and online) needed to research water law issues in California; explains the identity, function and publications of the various government bodies involved with water law issues in California, and provides researchers starting points when conducting historical research on California water law.
Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.
Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.
The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives.
Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result).
Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.
The regulation of lawyers through rules of ethics, statutes, and the common law present a special area concern for environmental lawyers: the stakes in these matters are often high and involve very real issues of public health and safety.
Consider these ethical considerations that occur in an environmental practice: Should a lawyer meet with residents considering bringing a toxic tort case before it is file? Are contingency fee agreements appropriate in an environmental tort action? What is the lawyer's ethical obligation to reveal dangers to the public? When does the lawyer have a duty to assert the attorney-client privilege to reject a nonclient's claim to information in an environmental report? How should a lawyer analyze conflicts rules when a Superfund site involves hundreds of potentially responsible parties?
Because the need for cautious and thorough analysis of ethical questions is of paramount importance when issues of safety are implicated, Ethics and Environmental Practice deals with these critical questions and many more to assist the legal practitioner in understanding and responding to these ethical issues. The book's authors, all experienced environmental law practitioners, covers all the major areas relating to ethics challenges in environmental law practice.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed?
The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Governance Feminism: Notes from the Field brings together nineteen chapters from leading feminist scholars and activists to critically describe and assess contemporary feminist engagements with state and state-like power. Gathering examples from North America, South America, Europe, Asia, and the Middle East, it complements and expands on the companion volume Governance Feminism: An Introduction. Its chapters argue that governance feminism (GF) is institutionally diverse and globally distributed—emerging from traditional sites of state power as well as from various forms of governance and operating at the grassroots level, in the private sector, in civil society, and in international relations.
The book begins by confronting the key role that crime and punishment play in GFeminist projects. Here, contributors explore the ideological and political conditions under which this branch of GF became so robust and rethink the carceral turn. Other chapters speak to another face of GFeminism: feminists finding, in mundane and seemingly unspectacular bureaucratic tools, leverage to bring about change in policy and governance practices. Several contributions highlight the political, strategic, and ethical challenges that feminists and LGBT activists must negotiate to play on the governmental field. The book concludes with a focus on feminist interventions in postcolonial legal and political orders, looking at new policy spaces opened up by conflict, postconflict, and occupation.
Providing a clear, cross-cutting, critical lens through which to map developments in feminist governance around the world, Governance Feminism: Notes from the Field makes sense of the costs and benefits of current feminist realities to reimagine feminist futures.
The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy.
This invaluable—and timely—resource covers nearly every significant aspect of the Constitution, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever.
How to Read the Constitution and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to treaties,conventions, legislation and practice concerning the International Environmental Law. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the history, sources and principles of environmental law, environmental legislation, carbon credits and the role of public authorities.
The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues and disputes. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases dealing with and affecting international environment. Academics and researchers, as well as business investors,corporate houses and international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative international environmental law and policy.
Canon law intersects with every aspect of medieval life and society, and at one point or another, every medievalist works on the law. In this book, Kriston Rennie looks at the early medieval origins and development of canon law, the ancient traditions, norms, customs, and rationale of the Church which were shaped into legislative procedure. The structures and thinking behind the law's formulation explain how the medieval Church and society was influenced and controlled. They also, as this short book argues, explain how it ultimately functioned.
On Faith is an inspiring collection of the late Supreme Court justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice.
Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges.
This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.
Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful.
While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody.
To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law.
As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict.
This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
The judicial system in a liberal democracy is deemed to be an independent branch of government with judges free from political agendas or societal pressures. In reality, judges are often influenced by their economic and social backgrounds, gender, race, religion, and sexuality. This volume explores the representation of different identities in the judiciary in the United States. The contributors investigate the pipeline, ambition, institutional inclusion, retention, and representation of groups previously excluded from federal, state, and local judiciaries. This study demonstrates how diversity on the bench improves the quality of justice, bolsters confidence in the legitimacy of the courts, and provides a vital voice in decision-making power for formerly disenfranchised populations.
In the years following the landmark United States Supreme Court decision on libel law in New York Times v. Sullivan, the court ruled on a number of additional cases that continued to shape the standards of protected speech. As part of this key series of judgments, the justices explored the contours of the Sullivan ruling and established the definition of “reckless disregard” as it pertains to “actual malice” in the case of St. Amant v. Thompson. While an array of scholarly and legal literature examines Sullivan and some subsequent cases, the St. Amant case―once called “the most important of the recent Supreme Court libel decisions”―has not received the attention it warrants. Eric P. Robinson’s Reckless Disregard corrects this omission with a thorough analysis of the case and its ramifications.
The history of St. Amant v. Thompson begins with the contentious 1962 U.S. Senate primary election in Louisiana, between incumbent Russell Long and businessman Philemon “Phil” A. St. Amant. The initial lawsuit stemmed from a televised campaign address in which St. Amant attempted to demonstrate Long’s alleged connections with organized crime and corrupt union officials. Although St. Amant’s claims had no effect on the outcome of the election, a little-noticed statement he made during the address―that money had “passed hands” between Baton Rouge Teamsters leader Ed Partin and East Baton Rouge Parish deputy sheriff Herman A. Thompson―led to a defamation lawsuit that ultimately passed through the legal system to the Supreme Court.
A decisive step in the journey toward the robust protections that American courts provide to comments about public officials, public figures, and matters of public interest, St. Amant v. Thompson serves as a significant development in modern American defamation law. Robinson’s study deftly examines the background of the legal proceedings as well as their social and political context. His analysis of how the Supreme Court ruled in this case reveals the justices’ internal deliberations, shedding new light on a judgment that forever changed American libel law.
The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.
This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Using theoretical models of adjudication, Tom S. Clark presents a statistical model of law and uses the model to document the historical development of constitutional law. Using sophisticated statistical methods and historical analysis of court decisions, the author documents how social and political forces shape the path of law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.
Marking the centenary of the ratification of the Nineteenth Amendment in 1920, Votes for Women is the first richly illustrated book to reveal the history and complexity of the national suffrage movement. For nearly a hundred years, from the mid-nineteenth century onward, countless American women fought for the right to vote. While some of the leading figures of the suffrage movement have received deserved appreciation, the crusade for women’s enfranchisement involved many individuals, each with a unique story to be told. Weaving together a diverse collection of portraits and other visual materials―including photographs, drawings, paintings, prints, textiles, and mixed media―along with biographical narratives and trenchant essays, this comprehensive book presents fresh perspectives on the history of the movement.
Bringing attention to underrecognized individuals and groups, the leading historians featured here look at how suffragists used portraiture to promote gender equality and other feminist ideals, and how photographic portraits in particular proved to be a crucial element of women’s activism and recruitment. The contributors also explore the reasons why certain events and leaders of the suffrage movement have been remembered over others, the obstacles that black women faced when organizing with white suffragists and the subsequent founding of black women’s suffrage groups, the foundations of the violent antisuffrage movement, and the ways suffragists held up American women physicians who served in France during World War I as exemplary citizens, deserving the right to vote.
With nearly 200 color illustrations, Votes for Women offers a more complete picture of American women’s suffrage, one that sheds new light on the movement’s relevance for our own time.
Published in association with the National Portrait Gallery, Washington, DC.
In War and the Rogue Presidency, Ivan Eland shows that almost immediately after the nation’s founding, starting with the first presidency of George Washington, the executive’s role in defense and foreign policy began expanding past what the framers of the Constitution had envisioned. The Constitution enshrined Congress as the dominant branch of government, giving Congress, not the President, most of the powers in defense and foreign policy. This comprehensive book shows how the presidential aggrandizement of greater powers has only been possible because of congressional abdication. However, this expansion of the executive’s role was still relatively contained until the Cold War when undeclared, permanent war became ongoing policy, and then the post-9/11 war on terror dramatically expanded the President’s role. Such expansion has had deleterious effects on U.S. foreign policy abroad, as well as a major erosion of the republic, its security at home, and the liberties of American citizens.
War and the Rogue Presidency is an in-depth examination of the history of the congressional-executive tug-of-war over U.S. security policy and why reclaiming constitutional standards is essential to restore both an effective national defense and civil and economic liberties. To get Congress to do that, Dr. Eland presents ways in which internal congressional incentives could be changed to provide motivation for legislative push-back. As a result, the book suggests important actions Congress could take for such a push-back along with other reforms that would effectively rein in the rogue presidency.
You Don't Look Like a Lawyer: Black Women and Systemic Gendered Racism highlights how race and gender create barriers to recruitment, professional development, and advancement to partnership for black women in elite corporate law firms. Utilizing narratives of black female lawyers, this book offers a blend of accessible theory to benefit any reader willing to learn about the underlying challenges that lead to their high attrition rates. Drawing from narratives of black female lawyers, their experiences center around gendered racism and are embedded within institutional practices at the hands of predominantly white men. In particular, the book covers topics such as appearance, white narratives of affirmative action, differences and similarities with white women and black men, exclusion from social and professional networking opportunities and lack of mentors, sponsors and substantive training. This book highlights the often-hidden mechanisms elite law firms utilize to perpetuate and maintain a dominant white male system. Weaving the narratives with a critical race analysis and accessible writing, the reader is exposed to this exclusive elite environment, demonstrating the rawness and reality of black women’s experiences in white spaces. Finally, we get to hear the voices of black female lawyers as they tell their stories and perspectives on working in a highly competitive, racialized and gendered environment, and the impact it has on their advancement and beyond.