Access your Project MUSE content using one of the login options below Close(X)
Browse Results For:
In the first book in a generation to offer a fresh interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James Ely provides a judicial biography of the man who led the court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller's skills as a judicial administrator, Ely argues that a commitment to economic liberty, security of private property, limited government, and states' rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court's efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787.
Legal Theory and Criminal Justice in Deng's Era
This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening.
Since 1947, the Supreme Court has promised government neutrality toward religion, but in a nation whose motto is "In God We Trust" and which pledges allegiance to "One Nation under God," the public square is anything but neutral -- a paradox not lost on a rapidly secularizing America and a point of contention among those who identify all expressions of religion by government as threats to a free society. Yeshiva student turned secularist, Bruce Ledewitz seeks common ground for believers and nonbelievers regarding the law of church and state. He argues that allowing government to promote higher law values through the use of religious imagery would resolve the current impasse in the interpretation of the Establishment Clause. It would offer secularism an escape from its current tendency toward relativism in its dismissal of all that religion represents and encourage a deepening of the expression of meaning in the public square without compromising secular conceptions of government.
An American Liberal's Life in Law and Politics
Citizen Rauh tells the story of American lawyer Joseph L. Rauh Jr., who kept alive the ideals of New Deal liberalism and broadened those ideals to include a commitment to civil rights. Rauh's clients included Arthur Miller, Lillian Hellman, A. Philip Randolph, and the Mississippi Freedom Democratic Party. With good reason Freedom Rider John Lewis once called him "the blackest white man I ever knew." No lawyer in the post-1945 era did more to protect the economic interests of working-class Americans than Rauh, who fought for the unions as they struggled for legitimacy and against them when they betrayed their own members. No lawyer stood more courageously against repressive anticommunism during the 1950s or advanced the cause of racial justice more vigorously in the 1960s and 1970s. No lawyer did more to defend the constitutional vision of the Warren Court and resist the efforts of Richard Nixon and Ronald Reagan to undo its legacy. Throughout his life, Rauh continued to articulate a progressive vision of law and politics, ever confident that his brand of liberalism would become vital once again when the cycle of American politics took another turn. "The causes to which Rauh committed his life retain their moral force today. This well-crafted, often powerful, biographical study will appeal to anyone with a serious interest in postwar liberalism." ---Daniel Scroop, University of Sheffield Michael E. Parrish is Professor of History at the University of California, San Diego.
The Political Transnationalism of El Migrante
Michael Peter Smith and Matt Bakker spent five years carrying out ethnographic field research in multiple communities in the Mexican states of Zacatecas and Guanajuato and various cities in California, particularly metropolitan Los Angeles. Combining the information they gathered there with political-economic and institutional analysis, the five extended case studies in Citizenship across Borders offer a new way of looking at the emergent dynamics of transnational community development and electoral politics on both sides of the border.
Smith and Bakker highlight the continuing significance of territorial identifications and state policies-particularly those of the sending state-in cultivating and sustaining transnational connections and practices. In so doing, they contextualize and make sense of the complex interplay of identity and loyalty in the lives of transnational migrant activists. In contrast to high-profile warnings of the dangers to national cultures and political institutions brought about by long-distance nationalism and dual citizenship, Citizenship across Borders demonstrates that, far from undermining loyalty and diminishing engagement in U.S. political life, the practice of dual citizenship by Mexican migrants actually provides a sense of empowerment that fosters migrants' active civic engagement in American as well as Mexican politics.
A Classical, Constitutional, and Critical Race Critique
&8220;A timely interrogation of our citizenship tropes. Román’s passionately demonstrates that the promise of citizenship has consistently fallen short on both historical and contemporary landscapes. Far from a warrant of inclusion and equality, citizenship has more often been used as cover for caste and subordination. Román’s looks to bring citizenship's lofty aspirations to an authentic attainment.”
A Comparative Study
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship effectively leave hundreds of thousands of people in Africa without a country. These stateless Africans can neither vote nor stand for office; they cannot enrol their children in school, travel freely, or own property; they cannot work for the government; they are exposed to human rights abuses. Statelessness exacerbates and underlies tensions in many regions of the continent. Citizenship Law in Africa, a comparative study by two programs of the Open Society Foundations, describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalisation, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists. This second edition includes updates on developments in Kenya, Libya, Namibia, South Africa, Sudan and Zimbabwe, as well as minor corrections to the tables and other additions throughout.
The Critical History of an Idea
In the absence of noble public goals, admired leaders, and compelling issues, many warn of a dangerous erosion of civil society. Are they right? What are the roots and implications of their insistent alarm? How can public life be enriched in a period marked by fraying communities, widespread apathy, and unprecedented levels of contempt for politics? How should we be thinking about civil society?
Civil Society examines the historical, political, and theoretical evolution of how civil society has been understood for the past two and a half millennia. From Aristotle and the Enlightenment philosophers to Colin Powell's Volunteers for America, Ehrenberg provides an indispensable analysis of the possibilities-and limits-of what this increasingly important idea can offer to contemporary political affairs.
Civil Society is the winner of the Michael J. Harrington Award from the Caucus for a New Political Science of APSA for the best book published during 1999.
Regulatory and Funding Strategies for Climate Change and Global Development
Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy.
Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.
Ernie Goodman, Detroit, and the Struggle for Labor and Civil Rights
In a working life that spanned half a century, Ernie Goodman was one of the nation’s preeminent defense attorneys for workers and the militant poor. His remarkable career put him at the center of the struggle for social justice in the twentieth century, from the sit-down strikes of the 1930s to the Red Scare of the 1950s to the freedom struggles, anti-war demonstrations, and ghetto rebellions of the 1960s and 1970s. The Color of Law: Ernie Goodman, Detroit, and the Struggle for Labor and Civil Rights traces Goodman’s journey through these tumultuous events and highlights the many moments when changing perceptions of social justice clashed with legal precedent. Authors Steve Babson, Dave Riddle, and David Elsila tell Goodman’s life story, beginning with his formative years as the son of immigrant parents in Detroit’s Jewish ghetto, to his early ambitions as a corporate lawyer, and his conversion to socialism and labor law during the Great Depression. From Detroit to Mississippi, Goodman saw police and other officials giving the “color of law” to actions that stifled freedom of speech and nullified the rights of workers and minorities. The authors highlight Goodman’s landmark cases in defense of labor and civil rights and examine the complex relationships he developed along the way with individuals like Supreme Court Justice and former Michigan governor Frank Murphy, UAW president Walter Reuther, Detroit mayor Coleman Young, and congressman George Crockett. Drawing from a rich collection of letters, oral histories, court records, and press accounts, the authors re-create the compelling story of Goodman’s life. The Color of Law demonstrates that the abuse of power is non-partisan and that individuals who oppose injustice can change the course of events. For additional information, reviews, photos, and events, please see erniegoodman.com.