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Aging and Society, Volume 2

Aging and the Professions

Interprets the research findings on aging for professionals concerned with the prevention and treatment of problems associated with aging. Each chapter, written by an expert, deals with the field within the broad context of aging in contemporary society.

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Aimer et compter?

Droits et pratiques des solidarités conjugales dans les nouvelles trajectoires familiales

Edited by Hélène Belleau

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.

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Albert A. Peña Jr.

Dean of Chicano Politics

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Alexander Hamilton and the Development of American Law

Katherine Brown’s forcefully and persuasively argued book reminds us that Alexander Hamilton’s contributions to the nation included his work in law. He was a founding father of American law whose jurisprudence greatly influenced early American constitutionalism. Scholars generally regard Hamilton as a relentless defender of strong central government, but Brown makes the case for Hamilton’s more balanced federalism and his introduction of the doctrine of corresponding powers.

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Alienated

Immigrant Rights, the Constitution, and Equality in America

Victor Romero

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.

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All for Civil Rights

African American Lawyers in South Carolina, 1868–1968

W. Lewis Burke

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All Politics Is Global

Explaining International Regulatory Regimes

Daniel W. Drezner

Has globalization diluted the power of national governments to regulate their own economies? Are international governmental and nongovernmental organizations weakening the hold of nation-states on global regulatory agendas? Many observers think so. But in All Politics Is Global, Daniel Drezner argues that this view is wrong. Despite globalization, states--especially the great powers--still dominate international regulatory regimes, and the regulatory goals of states are driven by their domestic interests.

As Drezner shows, state size still matters. The great powers--the United States and the European Union--remain the key players in writing global regulations, and their power is due to the size of their internal economic markets. If they agree, there will be effective global governance. If they don't agree, governance will be fragmented or ineffective. And, paradoxically, the most powerful sources of great-power preferences are the least globalized elements of their economies.

Testing this revisionist model of global regulatory governance on an unusually wide variety of cases, including the Internet, finance, genetically modified organisms, and intellectual property rights, Drezner shows why there is such disparity in the strength of international regulations.

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Almighty God Created the Races

Christianity, Interracial Marriage, and American Law

Fay Botham

In this fascinating cultural history of interracial marriage and its legal regulation in the United States, Fay Botham argues that religion--specifically, Protestant and Catholic beliefs about marriage and race--had a significant effect on legal decisions concerning miscegenation and marriage in the century following the Civil War. She contends that the white southern Protestant notion that God "dispersed" the races and the American Catholic emphasis on human unity and common origins point to ways that religion influenced the course of litigation and illuminate the religious bases for Christian racist and antiracist movements.

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Alternative Dispute Resolution in Tanzania

Law and Practice

J. Mashamba

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.

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America's Death Penalty

Between Past and Present

David Garland, Randall McGowen, Michael Meranze

“If I were asked to recommend a single book that puts the vexed and emotionally charged question of the death penalty into an intelligible historical and contemporary political perspective it would be this one. The introduction sets the stage beautifully and the essays that follow allow readers to come at the problem from a variety of mutually reinforcing perspectives. It is a model for intellectually rigorous scholarship on a morally exigent matter.”

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