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How Conservatives Took the Law Back from Liberals
Over the last thirty years, the Federal Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.
Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies.
The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda.
How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought?
What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on
regulation of business and private property;
race and gender discrimination and affirmative action;
personal sexual autonomy, including abortion and gay rights; and
American exceptionalism and international law.
The Memoir of a Vietnam-Era Draft Resister
When Jerry Elmer turned eighteen at the height of the Vietnam War, he publicly refused to register for the draft, a felony then and now. Later he burglarized the offices of fourteen draft boards in three cities, destroying the files of men eligible to be drafted. After working almost twenty years in the peace movement, he attended law school, where he was the only convicted felon in Harvard’s class of 1990. This book is a blend of personal memoir, contemporary history, and astute political analysis. Elmer draws on a variety of sources, including never-before-released FBI files, and argues passionately for the practice of nonviolence. He describes the range of actions he took—from draft card burning to organizing draft board raids with Father Phil Berrigan; from vigils on the Capitol steps inside “tiger cages” used to torture Vietnamese political prisoners to jail time for protesting nuclear power plants; from a tour of the killing fields of Cambodia to meetings with Corazon Aquino in the Philippines. A Vietnamese-language edition of FELON FOR PEACE will be published later this year.
Inside the Experience of Capital Defense Attorneys
How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)
Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?
Humanitarian Intervention and the Destruction of Yugoslavia
In First Do No Harm, David Gibbs raises basic questions about the humanitarian interventions that have played a key role in U.S. foreign policy for the past twenty years. Using a wide range of sources, including government documents, transcripts of international war crimes trials, and memoirs, Gibbs shows how these interventions often heightened violence and increased human suffering. The book focuses on the 1991—99 breakup of Yugoslavia, which helped forge the idea that the United States and its allies could stage humanitarian interventions that would end ethnic strife. It is widely believed that NATO bombing campaigns in Bosnia and Kosovo played a vital role in stopping Serb-directed aggression, and thus resolving the conflict. Gibbs challenges this view, offering an extended critique of Samantha Power’s Pulitzer Prize-winning book, A Problem from Hell: America in the Age of Genocide. He shows that intervention contributed to the initial breakup of Yugoslavia, and then helped spread the violence and destruction. Gibbs also explains how the motives for U.S. intervention were rooted in its struggle for continued hegemony in Europe. First Do No Harm argues for a new, noninterventionist model for U.S. foreign policy, one that deploys nonmilitary methods for addressing ethnic violence.
Managing Epidemics in Post-Soviet Georgia
The Soviet health care infrastructure and its tuberculosis-control system were anchored in biomedicine, but the dire resurgence of tuberculosis at the end of the twentieth century changed how experts in post-Soviet nations--and globally--would treat the disease. As Free Market Tuberculosis dramatically demonstrates, market reforms and standardized treatment programs have both influenced and undermined the management of tuberculosis care in the now-independent country of Georgia. The alarming rate of tuberculosis infection in this nation at the crossroads of Eastern Europe and Asia cannot be disputed, and yet solutions to attacking the disease are very much debated.
Anthropologist Erin Koch explores the intersection of the nation's extensive medical history, the effects of Soviet control, and the highly standardized yet poorly regulated treatments promoted by the World Health Organization. Although statistics and reports tell one story--a tale of success in Georgia--Koch's ethnographic approach reveals all facets of this cautionary tale of a monolithic approach to medicine.
This book is the 2011 recipient of the annual Norman L. and Roselea J. Goldberg Prize for the best project in the area of medicine.
One Man's Diary of Survival in Nazi Concentration Camps
In 1942 Norwegian Odd Nansen was arrested by the Nazis, and he spent the remainder of World War II in concentration camps—Grini in Oslo, Veidal above the Arctic Circle, and Sachsenhausen in Germany. For three and a half years, Nansen kept a secret diary on tissue-paper-thin pages later smuggled out by various means, including inside the prisoners' hollowed-out breadboards.
Unlike writers of retrospective Holocaust memoirs, Nansen recorded the mundane and horrific details of camp life as they happened, "from day to day." With an unsparing eye, Nansen described the casual brutality and random terror that was the fate of a camp prisoner. His entries reveal his constantly frustrated hopes for an early end to the war, his longing for his wife and children, his horror at the especially barbaric treatment reserved for Jews, and his disgust at the anti-Semitism of some of his fellow Norwegians. Nansen often confronted his German jailors with unusual outspokenness and sometimes with a sense of humor and absurdity that was not appreciated by his captors.
After the Putnam's edition received rave reviews in 1949, the book fell into obscurity. In 1956, in response to a poll about the "most undeservedly neglected" book of the preceding quarter-century, Carl Sandburg singled out From Day to Day, calling it "an epic narrative," which took "its place among the great affirmations of the power of the human spirit to rise above terror, torture, and death." Indeed, Nansen witnessed all the horrors of the camps, yet still saw hope for the future. He sought reconciliation with the German people, even donating the proceeds of the German edition of his book to German refugee relief work. Nansen was following in the footsteps of his father, Fridtjof, an Arctic explorer and humanitarian who was awarded the Nobel Peace Prize in 1922 for his work on behalf of World War I refugees. (Fridtjof also created the "Nansen passport" for stateless persons.)
This new edition, the first in over sixty-five years, contains extensive annotations and new diary selections never before translated into English. Forty sketches of camp life and death by Nansen, an architect and talented draftsman, provide a sense of immediacy and acute observation matched by the diary entries. The preface is written by Thomas Buergenthal, who was "Tommy," the ten-year-old survivor of the Auschwitz Death March, whom Nansen met at Sachsenhausen and saved using his extra food rations. Buergenthal, who later served as a judge on the International Court of Justice at The Hague, is a recipient of the 2015 Elie Wiesel Award from the US Holocaust Memorial Museum.
U.S. Law and Policy on Nuclear Waste
For twenty-five years, the Yucca Mountain repository in Nevada was designated as the sole destination for disposal of the nation’s accumulated stockpiles of highly radioactive nuclear power and weapons wastes. Now the Obama administration has abandoned Yucca, and Congress must pass new laws to solve the resulting disposal crisis. Even as the federal government seeks to expand nuclear power, local communities and states are demanding a credible program for disposal of the wastes that we already have. The Blue Ribbon Commission on America's Nuclear Future, appointed by the Obama administration to develop a plan, is currently conducting hearings. The first comprehensive history and overview of U.S. nuclear waste law and regulation, Fuel Cycle to Nowhere traces sixty years of nuclear weapons programs, the growth of nuclear power, and their waste legacies, the rise of environmentalism, and the responses of federal agencies. Richard and Jane Stewart expertly analyze the changing policies for storing low-level waste, transuranic waste, spent nuclear fuel, and high-level waste and for regulating their transport by rail and by truck. They also chronicle “a tale of two repositories”—one, the Waste Isolation Pilot Plant in New Mexico, known as WIPP, the world’s only operating deep geologic nuclear waste disposal facility, which emerged from a contentious but ultimately successful struggle between federal and state interests; the other, Yucca Mountain, mandated top down by Congress and a failure. Fuel Cycle to Nowhere provides the critical information and analysis on the waste disposal issues and solutions that the commission, Congress, the administration, journalists, policymakers, and the public so urgently need. This book is a project of the Consortium for Risk Evaluation with Stakeholder Participation (CRESP), a Vanderbilt University–led, multi-university consortium supported as a cooperative agreement by the U.S. Department of Energy, Office of Environmental This book is a project of the Consortium for Risk Evaluation with Stakeholder Participation (CRESP), a Vanderbilt University-led, multi-university consortium supported as a cooperative agreement by the U.S. Department of Energy, Office of Environmental Management to support safe, effective, publicly credible, risk informed management of existing and future nuclear waste from government and civilian sources through independent strategic analysis, review, applied research and education.
Offering a fresh, revisionist analysis of Spanish fiction from 1900 to 1940, this study examines the work of both men and women writers and how they practiced differing forms of modernism. As Roberta Johnson notes, Spanish male novelists emphasized technical and verbal innovation in representing the contents of an individual consciousness and thus were more modernist in the usual understanding of the term. Female writers, on the other hand, were less aesthetically innovative but engaged in a social modernism that focused on domestic issues, gender roles, and relations between the sexes. Compared to the more conventional--even reactionary--ways their male counterparts treated such matters, Spanish women’s fiction in the first half of the twentieth century was often revolutionary. The book begins by tracing the history of public discourse on gender from the 1890s through the 1930s, a discourse that included the rise of feminism. Each chapter then analyzes works by female and male novelists that address key issues related to gender and nationalism: the concept of intrahistoria, or an essential Spanish soul; modernist uses of figures from the Spanish literary tradition, notably Don Quixote and Don Juan; biological theories of gender prevalent in the 1920s and 1930s; and the growth of an organized feminist movement that coincided with the burgeoning Republican movement. This is the first book dealing with this period of Spanish literature to consider women novelists, such as Maria Martinez Sierra, Carmen de Burgos, and Concha Espina, alongside canonical male novelists, including Miguel de Unamuno, Ramon del Valle-Inclan, and Pio Baroja. With its contrasting conceptions of modernism, Johnson's work provides a compelling new model for bridging the gender divide in the study of Spanish fiction.
In this provocative study, Dana Cairns Watson traces Gertrude Stein’s growing fascination with the cognitive and political ramifications of conversation and how that interest influenced her writing over the course of her career. No book in recent decades has illuminated so many of Stein’s works so extensively—from the early fiction of The Making of Americans to the poetry of Tender Buttons to her opera libretto The Mother of Us All. Seeking to sustain Stein’s lively, pleasant, populist spirit, Watson shows how the writer’s playful entanglement of sight and sound—of silent reading and social speaking—reveals the crucial ambiguity by which reading and conversation build communities of meaning, and thus form not only personal relationships but also our very selves and the larger political structures we inhabit. Stein reminds us that the residual properties of words and the implications behind the give-and-take of ordinary conversation offer alternatives to linear structures of social order, alternatives especially precious in times of political oppression. For example, her novels Mrs. Reynolds and Brewsie and Willie, both written in embattled Vichy France, contemplate the speech patterns of totalitarian leaders and the ways in which everyday discourse might capitulate to—or resist—such verbal tyranny. Like recent theorists, Stein recognized the repressiveness of conventional order—carried in language and thus in thought and social organization—but as Cairns Watson persuasively shows, she also insisted that the free will of individuals can persist in language and enable change. In the play of literary aesthetics, Stein saw a liberating force.