Access your Project MUSE content using one of the login options below Close(X)
Browse Results For:
The Unintended Consequences of the Hague Child Abduction Convention
An eyeopening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children
Judge Benjamin Barr Lindsey's exposé of big business's influence on Colorado and Denver politics caused a sensation when serialized in Everybody's Magazine 1909-1910. When published as a book later in 1910, The Beast was considered every bit the equal of Upton Sinclair's The Jungle. Now back in print, the book reveals the plight of working-class Denver citizens - in particular, those Denver youths who ended up in Lindsey's court day after day. These encounters led him to create Denver's Juvenile Court, one of the first courts in the country set up to deal specifically with young delinquents. In addition, Lindsey exposes the darker sides of many well-known figures in Colorado history, including Mayor Robert W. Speer, industrialist and Senator Simon Guggenheim, and Denver tramway czar William Gray Evans. More than just a fascinating slice of Denver history, this book - and Lindsey's court - inspired widespread social change in the United States.
Toward a History of Expropriation of Land for the Common Good
Opening with allusions to a few suggestive examples from non-European societies and ancient Greece and Rome, the book concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She demonstrates that land has been taken, with compensation, for what has been perceived to be the public good at least since the early Middle Ages in England, France, Germany, Italy, and Spain, and since the seventeenth century in America.
Confronting Sexual Violence in Native America
Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it.
The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations—a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women.
Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
A Guide for Families and Friends of Texas Prison Inmates
Texas holds one in every nine U.S. inmates. Behind the Walls is a detailed description of one of the world's largest prison systems by a long-time convict trained as an observer and reporter. It spotlights the day-to-day workings of the Texas Department of Criminal Justice-what's good, what's bad, which programs work and which ones do not, and examines if practice really follows official policy. Written to inform about the processes, services, activities, issues, and problems of being incarcerated, this book is invaluable to anyone who has a relative or friend incarcerated in Texas, or for those who want to understand how prisoners live, eat, work, play, and die in a contemporary U.S. prison. Containing a short history of Texas prisons and advice on how to help inmates get out and stay out of prison, this book is the only one of its kind-written by a convict still incarcerated and dedicated to dispelling the ignorance and fear that shroud Texas prisons. Renaud discusses living quarters, food, and clothing, along with how prisoners handle money, mail, visits, and phone calls. He explores the issues of drugs, racism, gangs, and violence as well as what an inmate can learn about his parole, custody levels, and how to handle emergencies. What opportunities are available for education? What is the official policy for discipline? What is a lockdown? These questions and many others are answered in this one-of-a-kind guide.
Reflections on Urban Segregation, the Courts, and Equal Opportunity
A compelling insider's account of the fight for educational desegregation, from one of its most dedicated and outspoken heroes. A new afterword explains the author's controversial belief that the moment for litigating educational equality has passed, clear-sightedly critiquing his own courtroom strategies and the courts' responses, before closing with an assessment of the economic and social changes that he feels have already moved us "beyond busing." "An extraordinarily informative and thoughtful book describing the process of bringing Brown [v. Board of Education] North and the impact this process had upon national attitudes toward desegregation." --Drew S. Days III, Yale Law Journal "An original analysis of a tough subject. A must-read for all who care about opportunity for all our children." --Donna E. Shalala, President, University of Miami "Paul Dimond remains a passionate and caring voice for inner-city students, whether in his advocacy of school desegregation, school choice plans, or school finance reform. He illuminates these issues as one who participated in the major education cases and as a perceptive scholar." --Mark Yudof, Chancellor, The University of Texas System "A must-read for anyone who wants to understand America's continued failure to give inner-city children a quality education or to do something about it!" --Sheryll Cashin, Author of The Failures of Integration: How Race and Class Are Undermining the American Dream "Dimond is particularly good at relating his slice of legal history to the broader developments of the 1970s, and his occasional remarks about trial tactics are amusing and instructive. Dimond's honesty about both his successes and failures makes his book required reading for civil rights lawyers." --Lawrence T. Gresser, Michigan Law Review "A fascinating first-hand account of 1970s northern school desegregation decisions." --Neal E. Devins, American Bar Foundation Research Journal "Dimond reminds the liberal reader of the promise that lies in the empowerment of ordinary families to choose their own schools." --John E. Coons, Professor of Law, Emeritus, University of California, Berkeley Paul R. Dimond is counsel to Miller, Canfield, Paddock and Stone, Michigan's largest law firm; chairman of McKinley, a national commercial real estate investment and management firm; and chairman or member of the board of trustees of numerous education, community, and civic organizations. He spent four years as President Clinton's Special Assistant for Economic Policy.
The Role of Prosecutorial Discretion in Immigration Cases
When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform.
Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.
The Influence of EU Law on Belgian Constitutional Case Law Regarding Federalism
The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. This monograph contributes to this debate in two ways. The author argues for an approach to constitutional law that goes beyond the classic - coined dogmatic - understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship (and sometimes tension) between ‘rule-of-law' values (which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs.
Murphreeís Laws on Community-Based Natural Resource Management in Southern Africa
Dr. Marshall Murphree is a prominent scholar in the ˇelds of common property theory, rural development, and natural resource management. After graduating from the London School of Economics with a doctorate in social anthropology, he returned home to Zimbabwe to work as a missionary before joining the University of Zimbabwe, where he became director, and subsequently Professor Emeritus, of the Centre for Applied Social Sciences. Beyond Proprietorship presents a range of contributions to the May 2007 conference held to honour Murphreeís work, and it conveys his central concerns of equality and fairness. The focus is on marginalised people living in poor and remote regions of Zimbabwe, but also includes important discussions about the policy implications of regional tenure regimes, and the place of local resource management in global conservation politics. The book is essential reading for anyone interested in the recent history and experience of remote area development, semi-arid agriculture, conservation, and wildlife utilisation in southern Africa.
The Role of Politics in Judging
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide.
Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism.
Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.