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Judicial Policy Making in the U.S. Courts of Appeals
Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts.
Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.
Religion, Law, and Criminal Justice
It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process.
Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented.
Contributors:Marc Mauer, The Sentencing Project * Lois Gehr Livezey, McCormick Theological Seminary * Ernie Lewis, Public Advocate, Commonwealth of Kentucky * Jonathan Rothchild, Loyola Marymount University * Albert W. Alschuler, Northwestern University School of Law * David Scheffer, Northwestern University School of Law * David Little, Harvard Divinity School * Matthew Myer Boulton, Andover Newton Theological School * Mark Lewis Taylor, Princeton Theological Seminary * Sarah Coakley, Cambridge University * William Schweiker, University of Chicago Divinity School * Kevin Jung, College of William and Mary * Peter J. Paris, Princeton Theological Seminary * W. Clark Gilpin, University of Chicago Divinity School * William C. Placher, Wabash College
The Father Reimagined in Faulkner, Wright, O'Connor, and Morrison
In an original contribution to the psychoanalytic approach to literature, Doreen Fowler focuses on the fiction of four major American writers—William Faulkner, Richard Wright, Flannery O'Connor, and Toni Morrison—to examine the father's function as a "border figure." Although the father has most commonly been interpreted as the figure who introduces opposition and exclusion to the child, Fowler finds in these literary depictions fathers who instead support the construction of a social identity by mediating between cultural oppositions.
Fowler counters the widely accepted notion that boundaries are solely sites of exclusion and offers a new theoretical model of boundary construction. She argues that boundaries are mysterious, dangerous, in-between places where a balance of sameness and difference makes differentiation possible. In the fiction of these southern writers, father figures introduce a separate cultural identity by modeling this mix of relatedness and difference. Fathers intervene in the mother-child relationship, but the father is also closely related to both mother and child. This model of boundary formation as a balance of exclusion and relatedness suggests a way to join with others in an inclusive, multicultural community and still retain ethnic, racial, and gender differences.
Fowler's model for the father's mediating role in initiating gender, race, and other social differences shows not only how psychoanalytic theory can be used to interpret fiction and cultural history but also how literature and history can reshape theory.
The Extraordinary Life of a Royal Governor in Revolutionary America--with Jacobites, Counterfeiters, Land Schemes, Shipwrecks, Scalping, Indian Politics, Runaway Slaves, and Two Illegal Royal Weddings
Dunmore's New World tells the stranger-than-fiction story of Lord Dunmore, the last royal governor of Virginia, whose long-neglected life boasts a measure of scandal and intrigue rare in the annals of the colonial world. Dunmore not only issued the first formal proclamation of emancipation in American history; he also undertook an unauthorized Indian war in the Ohio Valley, now known as Dunmore’s War, that was instrumental in opening the Kentucky country to white settlement. In this entertaining biography, James Corbett David brings together a rich cast of characters as he follows Dunmore on his perilous path through the Atlantic world from 1745 to 1809.
Dunmore was a Scots aristocrat who, even with a family history of treason, managed to obtain a commission in the British army, a seat in the House of Lords, and three executive appointments in the American colonies. He was an unusual figure, deeply invested in the imperial system but quick to break with convention. Despite his 1775 proclamation promising freedom to slaves of Virginia rebels, Dunmore was himself a slaveholder at a time when the African slave trade was facing tremendous popular opposition in Great Britain. He also supported his daughter throughout the scandal that followed her secret, illegal marriage to the youngest son of George III—a relationship that produced two illegitimate children, both first cousins of Queen Victoria.
Within this single narrative, Dunmore interacts with Jacobites, slaves, land speculators, frontiersmen, Scots merchants, poor white fishermen, the French, the Spanish, Shawnees, Creeks, patriots, loyalists, princes, kings, and a host of others. This history captures the vibrant diversity of the political universe that Dunmore inhabited alongside the likes of George Washington and Thomas Jefferson. A transgressive imperialist, Dunmore had an astounding career that charts the boundaries of what was possible in the Atlantic world in the Age of Revolution.
Journalism and the Practice of Literature in Mid-Victorian Britain
In The Dynamics of Genre, Dallas Liddle innovatively combines Mikhail Bakhtin’s dialogic approach to genre with methodological tools from periodicals studies, literary criticism, and the history of the book to offer the first rigorous study of the relationship between mid-Victorian journalistic genres and contemporary poetry, the novel, and serious expository prose. Liddle shows that periodical genres competed both ideologically and economically with literary genres, and he studies how this competition influenced the midcentury writings and careers of authors including Elizabeth Barrett Browning, Harriet Martineau, Anthony Trollope, George Eliot, and the sensation novelists of the 1860s. Some Victorian writers directly adopted the successful genre forms and worldview of journalism, but others such as Eliot strongly rejected them, while Trollope launched his successful career partly by using fiction to analyze journalism’s growing influence in British society. Liddle argues that successful interpretation of the works of these and many other authors will be fully possible only when scholars learn to understand the journalistic genre forms with which mid-Victorian literary forms interacted and competed.
Reconsidering the Old Dominion
By highlighting emerging scholarship on neglected topics, this collection of original essays begins to rewrite the history of Virginia, the colonial Chesapeake, and early America, while setting a research agenda for the next decade and beyond.
Religious Freedom and Pluralism in Antebellum America
In Earnestly Contending, Dickson Bruce examines the ways in which religious denominations and movements in antebellum America coped with the ideals of freedom and pluralism that exerted such a strong influence on the larger, national culture. Despite their enormous normative power, these still-evolving ideals—themselves partly religious in origin—ran up against deeply entrenched concerns about the integrity of religious faith and commitment and the role of religion in society. The resulting tensions between these ideals and desires for religious consensus and coherence would remain unresolved throughout the period.
Focusing on that era’s interdenominational competition, Bruce explores the possibilities for and barriers to realizing ideals of freedom and pluralism in antebellum America. He examines the nature of religion from the perspectives of anthropology and cognitive sciences, as well as history, and uses this interdisciplinary approach to organize and understand specific tendencies in the antebellum period while revealing properties inherent in religion as a social and cultural phenomenon. He goes on to show how issues from that era have continued to play a role in American religious thinking, and how they might shed light on the controversies of our own time.
New European Approaches
One of the more frequently lodged, serious, and justifiable complaints about ecocritical work is that it is insufficiently theorized. Ecocritical Theory puts such claims decisively to rest by offering readers a comprehensive collection of sophisticated but accessible essays that productively investigate the relationship between European theory and ecocritique. With its international roster of contributors and subjects, it also militates against the parochialism of ecocritics who work within the limited canon of the American West. Bringing together approaches and orientations based on the work of European philosophers and cultural theorists, this volume is designed to open new pathways for ecocritical theory and practice in the twenty-first century.
From College to Nation
In The Educational Legacy of Woodrow Wilson, James Axtell brings together essays by eight leading historians and one historically minded political scientist to examine the long, formative academic phase of Wilson’s career and its connection to his relatively brief tenure in politics. Together, the essays provide a greatly revised picture of Wilson’s whole career and a deeply nuanced understanding of the evolution of his educational, political, and social philosophy and policies, the ordering of his values and priorities, and the seamless link between his academic and political lives.
The contributors shed light on Wilson’s unexpected rise to the governorship of New Jersey and the presidency, and how he prepared for elective office through his long study of government and the practice of academic politics, which he deemed no less fierce than that of Washington. In both spheres he was enormously successful, propelling a string of progressive and Progressive reforms through faculty and legislative forums. Only after he was beset by health problems and events beyond his control did he fail to push his academic and postwar agendas to their logical, idealistic conclusions.
Contributors: James Axtell, College of William and Mary * Victoria Bissell Brown, Grinnell College * John Milton Cooper Jr., University of Wisconsin * Stanley N. Katz, Princeton University * W. Bruce Leslie, SUNY–Brockport * Adam R. Nelson, University of Wisconsin * Mark R. Nemec, Forrester Research * John R. Thelin, University of Kentucky * Trygve Throntveit, Harvard University
Reading the New Editions
In recent years, a series of major collections of posthumous writings by Elizabeth Bishop--one of the most widely read and discussed poets of the twentieth century--have been published, profoundly affecting how we look at her life and work. The hundreds of letters, poems, and other writings in these volumes have expanded Bishop‘s published work by well over a thousand pages and placed before the public a "new" Bishop whose complexity was previously familiar to only a small circle of scholars and devoted readers. This collection of essays by many of the leading figures in Bishop studies provides a deep and multifaceted account of the impact of these new editions and how they both enlarge and complicate our understanding of Bishop as a cultural icon.
Contributors: Charles Berger, Southern Illinois University, Edwardsville * Jacqueline Vaught Brogan, University of Notre Dame * Angus Cleghorn, Seneca College * Jonathan Ellis, University of Sheffield * Richard Flynn, Georgia Southern University * Lorrie Goldensohn * Jeffrey Gray, Seton Hall University * Bethany Hicok, Westminster College * George Lensing, University of North Carolina * Carmen L. Oliveira * Barbara Page, Vassar College * Christina Pugh, University of Illinois at Chicago * Francesco Rognoni, Catholic University in Milan * Peggy Samuels, Drew University * Lloyd Schwartz, University of Massachusetts, Boston * Thomas Travisano, Hartwick College * Heather Treseler, Worcester State University * Gillian White, University of Michigan