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"CWAG's American Indian Law Deskbook has quickly become one of the most authoritative and up-to-date works in the field, and CWAG has dutifully published yearly supplements... The most thorough survey available of the legal relationship between tribes, states, and the federal government."--The Federal Lawyer
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition, published in February 2009, 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. The 2009 Supplement reviews cases issued as well as statutes and administrative rules adopted between July 2008 and June 2009. It additionally covers law review articles published between spring 2008 and spring 2009.
“CWAG's American Indian Law Deskbook has quickly become one of the most authoritative and up-to-date works in the field, and CWAG has dutifully published yearly supplements... The most thorough survey available of the legal relationship among tribes, states, and the federal government."—The Federal Lawyer
Thorough, scholarly, and balanced, The American Indian Law Deskbook, Fourth Edition, published in February 2009, 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. The 2011 Supplement reviews cases issued, as well as statutes and administrative rules adopted, from July 2010 through June 2011. It additionally covers law review articles published between spring 2010 and spring 2011
The Trials of John Merryman
In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
The Legal Career of America's Greatest President
As our nation’s most beloved and recognizable president, Abraham Lincoln is best known for the Emancipation Proclamation and for guiding our country through the Civil War. But before he took the oath of office, Lincoln practiced law for nearly twenty-five years in the Illinois courts. Abraham Lincoln, Esq.: The Legal Career of America’s Greatest President examines Lincoln’s law practice and the effect it had on his presidency and the country. Editors Roger Billings and Frank J. Williams, along with a notable list of contributors, examine Lincoln’s career as a general-practice attorney, looking both at his work in Illinois and at the time he spent in Washington. Each chapter offers an expansive look at Lincoln’s legal mind and covers diverse topics such as Lincoln’s legal writing, ethics, the Constitution, and international law. Abraham Lincoln, Esq. emphasizes this often overlooked period in Lincoln’s career and sheds light on Lincoln’s life before he became our sixteenth president.
In Abraham Lincoln, Public Speaker, Waldo W. Braden presents a thought-provoking study of the sixteenth president’s rhetorical style. In his discussion of Lincoln’s speaking practices from 1854 through 1865, Braden draws extensively on Lincoln’s papers and the reports of those who knew him and heard him speak. He portrays Lincoln in his various shows how Lincoln adapted to the public’s growing recognition of his political abilities. In separate chapters devoted to Lincoln’s three most famous speeches—the First Inaugural Address, the Gettysburg Address, and the Second Inaugural Address—Braden Analyzes the ways in which each demonstrated Lincoln’s persuasive abilities during the difficult years of the Civil War. Braden does not claim that Lincoln was an orator in the grand, classical style of Daniel Webster, Edward Everett, and Charles Summer. But he shows that Lincoln was a gifted speaker in his own right, able to win support by demonstrating that he was a man of common sense and good moral character.
An Advocate's Guide to Freedom of Information in Ohio
Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act
Accomplishing NAGPRA reveals the day-to-day reality of implementing the Native American Graves Protection and Repatriation Act. The diverse contributors to this timely volume reflect the viewpoints of tribes, museums, federal agencies, attorneys, academics, and others invested in the landmark act.
NAGPRA requires museums and federal agencies to return requested Native American cultural items to lineal descendants, culturally affiliated Indian tribes, and Native Hawai’ian organizations. Since the 1990 passage of the act, museums and federal agencies have made more than one million cultural items—and the remains of nearly forty thousand Native Americans—available for repatriation.
Drawing on case studies, personal reflections, historical documents, and statistics, the volume examines NAGPRA and its grassroots, practical application throughout the United States.
Accomplishing NAGPRA will appeal to professionals and academics with an interest in cultural resource management, Indian and human rights law, Indigenous studies, social justice movements, and public policy.
Lincoln's Emancipation Proclamation and the Law of War
In his first inaugural address, Abraham Lincoln declared that as president he would “have no lawful right” to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president “with the law of war in time of war.” As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners—practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln’s delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln’s proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan’s exploration of the president’s war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
Administrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation.
Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.