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Anglo-American Jurisprudence before John Marshall
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power.
In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence.
Originally published in 1990.
The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The United States and Refugees during the Cold War
Unlike the 1930s, when the United States tragically failed to open its doors to Europeans fleeing Nazism, the country admitted over three million refugees during the Cold War. This dramatic reversal gave rise to intense political and cultural battles, pitting refugee advocates against determined opponents who at times successfully slowed admissions. The first comprehensive historical exploration of American refugee affairs from the midcentury to the present, Americans at the Gate explores the reasons behind the remarkable changes to American refugee policy, laws, and programs.
Carl Bon Tempo looks at the Hungarian, Cuban, and Indochinese refugee crises, and he examines major pieces of legislation, including the Refugee Relief Act and the 1980 Refugee Act. He argues that the American commitment to refugees in the post-1945 era occurred not just because of foreign policy imperatives during the Cold War, but also because of particular domestic developments within the United States such as the Red Scare, the Civil Rights Movement, the rise of the Right, and partisan electoral politics. Using a wide variety of sources and documents, Americans at the Gate considers policy and law developments in connection with the organization and administration of refugee programs.
Some images inside the book are unavailable due to digital copyright restrictions.
The Racial Boundaries of Citizenship
Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.
Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
The Culture of Capital Punishment
Thorough and unbiased, Among the Lowest of the Dead is a gripping narrative that provides an unprecedented journalistic look into the actual workings of the capital punishment system. "Has all the tension of the best true crime stories . . . This is journalism at its best." --Library Journal "A compelling argument against capital punishment. . . . Examining politicians, judges (including Supreme Court Justices), prosecutors, defense attorneys and the condemned themselves, the author makes an effective case that, despite new laws, execution is no less a lottery than it has always been." --Publishers Weekly "In a fine and important book, Von Drehle writes elegantly and powerfully. . . . Anyone certain of their opinion about the death penalty ought to read this book." -- Booklist "An extremely well-informed and richly insightful book of great value to students of the death penalty as well as intelligent general readers with a serious interest in the subject, Among the Lowest of the Dead is also exciting reading. The book is an ideal guide for new generations of readers who want to form knowledgeable judgments in the continuing--and recently accelerating--controversies about capital punishment." --Anthony Amsterdam, New York University "Among the Lowest of the Dead is a powerfully written and meticulously researched book that makes an invaluable contribution to the growing public dialogue about capital punishment in America. It's one of those rare books that bridges the gap between mass audiences and scholarly disciplines, the latter including sociology, political science, criminology and journalism. The book is required reading in my Investigative Journalism classes--and my students love it!" --David Protess, Northwestern University "Among The Lowest of the Dead deserves a permanent place in the literature as literature, and is most relevant to today's death penalty debate as we moderate advocates and abolitionists search for common ground." --Robert Blecker, New York Law School David Von Drehle is Senior Writer, The Washington Post and author of Triangle: The Fire that Changed America.
Public Loss, Lessons Learned from The People vs. O.J. Simpson
Antitrust law is intended to protect consumer welfare and foster competition. At first glance, however, it is often unclear whether certain business practices have positive or detrimental effects. Businesses frequently engage in activities that may appear anticompetitive on the surface, but are actually beneficial to consumers. Business tying practices, for example, make the sale of one product conditional upon the sale of another product. This practice can either deprive consumers of choice and drive up prices or lower costs and improve convenience. Therefore, it is critical that policymakers have a keen understanding of which vertical restraints limitations imposed on businesses by firms located in the production chain are likely to harm consumers more than they benefit competition. In order to formulate economically efficient policies, they must be able to identify and limit those practices that are likely to do more harm than good. In A ntitrust Policy and Vertical Restraints a group of leading scholars takes a hard look at how restraints limit the conditions under which firms may purchase, sell, or resell a good or service. The authors, representing both sides of the antitrust debate over tying practices, provide a uniquely broad perspective on this critical economic policy issue. Contributors include Dennis Carlton (University of Chicago), David Evans (University College London), Bruce Kobayashi (George Mason University), and Michael Waldman (Cornell University).
It deserves to rank among the two or three really historic contributions to political science in the United States.
—James A. Beard
This discussion of the social order of an agricultural republic is Taylor's most popular and influential work. It includes materials on the relation of agriculture to the American economy, on agriculture and politics, and on the enemies of the agrarian republic. Both statesman and farmer, Taylor is often considered the deepest thinker of all the early Virginians.
M. E. Bradford was Professor of English at the University of Dallas until his death in 1993.
An Empirical Analysis of the Federal Judiciary
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Stickups and Street Culture
One of the most feared crimes among urban dwellers, armed robbery poses a serious risk of injury or death, and presents daunting challenges for law enforcement. Yet little is known about the complex factors that motivate assailants who use a weapon to take property by force or threat of force.
Armed Robbers in Action is not like previous studies that focus on the often distorted accounts of incarcerated offenders. Richard T. Wright and Scott H. Decker conducted dangerous, life-threatening field research on the streets of St. Louis to obtain more forthright responses from robbers about their motives and methods. They also visited several crime scenes to examine how situational and spatial features of the setting contributed to the offense. Quoting extensively from their conversations with the offenders, the authors consider the circumstances underlying the decision to commit an armed robbery, explore how and why targets are chosen, and detail the various tactics used in a hold-up.
By analyzing the criminals' candid perspectives on their actions and their social environment, the authors provide a fuller understanding of armed robbery. They conclude with an insightful discussion of the implications of their findings for crime prevention policy.
The Battle for Death with Dignity in America
Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly 80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig’s disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness?
At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.