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At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform.
Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants.
Contradictions of Neo-Liberal Land Reforms
This empirically grounded study provides a critical reflection on the land question in Africa, research on which tends to be tangential, conceptually loose and generally inadequate. It argues that the most pressing research concern must be to understand the precise nature of the African land question, its land reforms and their effects on development. To unravel the roots of land conflicts in Africa requires thorough understanding of the complex social and political contradictions which have ensued from colonial and post-colonial land policies, as well as from Africa's 'development' and capital accumulation trajectories, especially with regard to the land rights of the continent's poor. The study thus questions the capacity of emerging neo-liberal economic and political regimes in Africa to deliver land reforms which address growing inequality and poverty. It equally questions the understanding of the nature of popular demands for land reforms by African states, and their ability to address these demands under the current global political and economic structures dictated by neo-liberalism and its narrow regime of ownership. The study invites scholars and policy makers to creatively draw on the specific historical trajectories and contemporary expression of the land and agrarian questions in Africa, to enrich both theory and practice on land in Africa.
Race, Democracy, and a New Reconstruction
Since the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.
However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.
It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.
Droits et pratiques des solidarités conjugales dans les nouvelles trajectoires familiales
Le principe d’égalité des sexes a redéfini la relation conjugale. La hiérarchie mari, femme et enfants a fait place à une relation contractuelle où homme et femme sont tous deux des sujets indépendants et libres de leur engagement.L’évolution des règles juridiques entourant ces nouvelles trajectoires familiales semble souvent ignorer les asymétries qui traversent la réalité des arrangements noués au sein des couples, comme les transactions à l'œuvre à la suite des séparations. Aussi, des chercheurs de la France, de la Belgique, de la Suisse et du Québec ont été amenés à développer une réflexion commune autour de la notion de «solidarité conjugale» en étudiant les normes et usages de l’argent et des biens de ces solidarités.Comment la solidarité conjugale s’exprime-t-elle à travers le droit et son évolution? Comment se dessinent aujourd'hui les relations économiques, matérielles et patrimoniales qui traversent les transactions intimes? À l'heure de «l'individualisation» des relations familiales, interroger le couple sous l’angle des solidarités conduit à souligner l’importance des liens d’interdépendance noués entre conjoints et permet de réinterroger les rapports de genre, en liant l'analyse des pratiques et des choix privés et celle de la dimension institutionnelle de la vie conjugale.
Immigrant Rights, the Constitution, and Equality in America
Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “:legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law paradox” that reserves certain rights for U.S. citizens only, while simultaneously purporting to treat all people fairly under constitutional law regardless of citizenship.
As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.
War Crimes and the Limits of International Law
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.
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.
"Students and practitioners of law, American Indian history, cultures, and contemporary issues; tribal officials; people who need quick, reliable, and basic information (e.g., journalists and legislators); and lawyers who do not specialize in Indian law but need a broad overview of particular legal issues will find this resource useful."— American Reference Books Annual
A collaborative effort from attorney general offices faced daily with legal questions involving state and tribal relations, the American Indian Law Deskbook, Fourth Edition is an up-to-date, comprehensive treatise on Indian law. The Deskbook provides readers with the neccessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country. 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.
"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."—Nathan Brooks, The Federal Lawyer
"Straightforward, clear, and remarkably free of legal terms. . . . Students and practitioners of law and American Indian history, cultures, and contemporary issues; tribal officials; people who need quick, reliable, and basic information (e.g., journalists, legislators); and laywers . . . will find this resource useful. It is appropriate for academic, legal, and public libraries."—Karen D. Harvey, American Reference Books Annual
"This is a necessary reference book for any serious student of American Indian law and policy. Given the expanding interest in the field of American Indian history, the publication of books focused on American Indian law cases, and late-twentieth-century issues such as gambling and family law, this book should be at hand for any reader of the literature."—Gordon Morris Bakken, Montana: The Magazine of Western History
The American Indian Law Deskbook, Third Edition, is an up-to-date, comprehensive treatise on Indian law, providing readers with the necessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country. Thorough, scholarly, and balanced, The American Indian Law Deskbook, Third Edition, is an invaluable reference for a wide range of people working with Indian tribes, including attorneys and legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from court decisions, federal statutes, and administrative regulations through June 2003 as well as law review articles through the Spring of 2003.
The Worker, the Family, and the State
Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith.
Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners.
In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.