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At Home in Two Countries

The Past and Future of Dual Citizenship

Peter J Spiro

The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached.
 
At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

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At Liberty to Die

The Battle for Death with Dignity in America

By Howard Ball

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.

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Autonomy, Sovereignty, and Self-Determination

The Accommodation of Conflicting Rights

By Hurst Hannum

Demands for "autonomy" or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies—including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan—this book identifies a framework in which ethnic, religious, and regional conflicts can be addressed.

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Baby You're a Rich Man

Suing the Beatles for Fun and Profit

Stan Soocher

The Beatles, the most popular, influential, and important band of all time, have been the subject of countless books of biography, photography, analysis, history, and conjecture. But this long and winding road has produced nothing like Baby You’re a Rich Man, the first book devoted to the cascade of legal actions engulfing the band, from the earliest days of the loveable mop-heads to their present prickly twilight of cultural sainthood.

Part Beatles history, part legal thriller, Baby You’re a Rich Man begins in the era when manager Brian Epstein opened the Pandora’s box of rock ’n’ roll merchandising, making a hash of the band’s licensing and inviting multiple lawsuits in the United States and the United Kingdom. The band’s long breakup period, from 1969 to 1971, provides a backdrop to the Machiavellian grasping of new manager Allen Klein, who unleashed a blizzard of suits and legal motions to take control of the band, their music, and Apple Records. Unsavory mob associate Morris Levy first sued John Lennon for copyright infringement over “Come Together,” then sued him again for not making a record for him. Phil Spector, hired to record a Lennon solo album, walked off with the master tapes and held them for a king’s ransom. And from 1972 to 1975, Lennon was the target of a deportation campaign personally spearheaded by key aides of President Nixon (caught on tape with a drug-addled Elvis Presley) that wound endlessly through the courts.

In Baby You’re a Rich Man, Stan Soocher ties the Beatles’ ongoing legal troubles to some of their most enduring songs. What emerges is a stirring portrait of immense creative talent thriving under the pressures of ill will, harassment, and greed.

Praise for They Fought the Law: Rock Music Goes to Court

“Stan Soocher not only ably translates the legalese but makes both the plaintiffs and defendants engrossingly human. Mandatory reading for every artist who tends to skip his contract’s fine print.”—Entertainment Weekly

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Backlash Against the ADA

Reinterpreting Disability Rights

Linda Hamilton Krieger, Editor

For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.

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Bad Boys

Public Schools in the Making of Black Masculinity

Ann Arnett Ferguson

Statistics show that black males are disproportionately getting in trouble and being suspended from the nation's school systems. Based on three years of participant observation research at an elementary school, Bad Boys offers a richly textured account of daily interactions between teachers and students to understand this serious problem. Ann Arnett Ferguson demonstrates how a group of eleven- and twelve-year-old males are identified by school personnel as "bound for jail" and how the youth construct a sense of self under such adverse circumstances. The author focuses on the perspective and voices of pre-adolescent African American boys. How does it feel to be labeled "unsalvageable" by your teacher? How does one endure school when the educators predict one's future as "a jail cell with your name on it?" Through interviews and participation with these youth in classrooms, playgrounds, movie theaters, and video arcades, the author explores what "getting into trouble" means for the boys themselves. She argues that rather than simply internalizing these labels, the boys look critically at schooling as they dispute and evaluate the meaning and motivation behind the labels that have been attached to them. Supplementing the perspectives of the boys with interviews with teachers, principals, truant officers, and relatives of the students, the author constructs a disturbing picture of how educators' beliefs in a "natural difference" of black children and the "criminal inclination" of black males shapes decisions that disproportionately single out black males as being "at risk" for failure and punishment. Bad Boys is a powerful challenge to prevailing views on the problem of black males in our schools today. It will be of interest to educators, parents, and youth, and to all professionals and students in the fields of African-American studies, childhood studies, gender studies, juvenile studies, social work, and sociology, as well as anyone who is concerned about the way our schools are shaping the next generation of African American boys. Anne Arnett Ferguson is Assistant Professor of Afro-American Studies and Women's Studies, Smith College.

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The Baneberry Disaster

A Generation of Atomic Fallout

A compelling recollection of the environmental and human consequences of the underground nuclear test’s failure at Baneberry.

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Baseball on Trial

The Origin of Baseball's Antitrust Exemption

Nathaniel Grow

The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time.Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be?Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.

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Battered Women, Their Children, and International Law

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

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The Beast

By Benjamin B. Lindsey and Harvey J. O'Higgins

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.

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