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The Struggle to Shape the Federal Judiciary
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy.
Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent.
Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.
Hispanos, Indians, Genízaros, and Their Land in New Mexico
Struggles over land and water have determined much of New Mexico’s long history. The outcome of such disputes, especially in colonial times, often depended on which party had a strong advocate to argue a case before a local tribunal or on appeal. This book is partly about the advocates who represented the parties to these disputes, but it is most of all about the Hispanos, Indians, and Genízaros (Hispanicized nomadic Indians) themselves and the land they lived on and fought for.
Having written about Hispano land grants and Pueblo Indian grants separately, Malcolm Ebright now brings these narratives together for the first time, reconnecting them and resurrecting lost histories. He emphasizes the success that advocates for Indians, Genízaros, and Hispanos have had in achieving justice for marginalized people through the return of lost lands and by reestablishing the right to use those lands for traditional purposes.
Human Rights Mobilizations in Global Politics
In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational linkages in international society. The U.N. system is continuously reinvigorated and strengthened by its ties to local individuals, organizations, and groups engaged in day-to-day rights advocacy. This daily work, in turn, is supported by the ongoing activities from above.
Quataert establishes the global contexts for the historical unfolding of human rights advocacy through thorough studies of such cases as the Soviet dissident movement, the mothers' demonstrations in Argentina, the transnational antiapartheid campaign, and coalitions for gender and economic justice. Drawing from many fields of inquiry, including legal studies, philosophy, international relations theory, political science, and gender history, Advocating Dignity is an innovative work that narrates the hopes and bitter struggles that have altered the course of international and domestic relations over the past sixty years.
The Wailing Culture of Yemenite Jewish Women
The term “wailing culture” includes an array of women’s behaviors and beliefs following the death of a member of their ethnic group and is typical of Jewish life in Yemeni culture. Central to the practice is wailing itself—a special artistic genre that combines speech with sobbing into moving lyrical poetry that explores the meaning of death and loss. In Aesthetics of Sorrow: The Wailing Culture of Yemenite Jewish Women, Tova Gamliel decodes the cultural and psychological meanings of this practice in an ethnography based on her anthropological research among Yemenite Jewish communities in Israel in 2001–2003. Based on participant-observervation in homes of the bereaved and on twenty-four in-depth interviews with wailing women and men, Gamliel illuminates wailing culture level by level: by the circles in which the activity takes place; the special areas of endeavor that belong to women; and the broad social, historical, and religious context that surrounds these inner circles. She discusses the main themes that define the wailing culture (including the historical origins of women’s wailing generally and of Yemenite Jewish wailing in particular), the traits of wailing as an artistic genre, and the wailer as a symbolic type. She also explores the role of wailing in death rituals, as a therapeutic expertise endowed with unique affective mechanisms, as an erotic performance, as a livelihood, and as an indicator of the Jewish exile. In the end, she considers wailing at the intersection of tradition and modernity and examines the study of wailing as a genuine methodological challenge. Gamliel brings a sensitive eye to the vanishing practice of wailing, which has been largely unexamined by scholars and may be unfamiliar to many outside of the Middle East. Her interdisciplinary perspective and her focus on a uniquely female immigrant cultural practice will make this study fascinating reading for scholars of anthropology, gender, folklore, psychology, performance, philosophy, and sociology.
A Composer's View of Twentieth-Century Music
A revised paperback edition of composer George Rochberg's landmark essays "Rochberg presents the rare spectacle of a composer who has made his peace with tradition while maintaining a strikingly individual profile. . . . [H]e succeeds in transforming the sublime concepts of traditional music into contemporary language." ---Washington Post "An indispensable book for anyone who wishes to understand the sad and curious fate of music in the twentieth century." ---Atlantic Monthly "The writings of George Rochberg stand as a pinnacle from which our past and future can be viewed." ---Kansas City Star As a composer, George Rochberg has played a leading role in bringing about a transformation of contemporary music through a reassessment of its relation to tonality, melody, and harmony. In The Aesthetics of Survival, the author addresses the legacy of modernism in music and its related effect on the cultural milieu, particularly its overemphasis on the abstract, rationalist thinking embraced by contemporary science, technology, and philosophy. Rochberg argues for the renewal of holistic values in order to ensure the survival of music as a humanly expressive art. A renowned composer, thinker, and teacher, George Rochberg has been honored with innumerable awards, including, most recently, an Alfred I. du Pont Award for Outstanding Conductors and Composers, and an André and Clara Mertens Contemporary Composer Award. He lives in Pennsylvania.
Images of Wine and Ritual
In deepening our understanding of the symposium in ancient Greece, this book embodies the wit and play of the images it explains: those decorating Athenian drinking vessels from the sixth and fifth centuries B.C. The vases used at banquets often depict the actual drinkers who commissioned their production and convey the flowing together of wine, poetry, music, games, flirtation, and other elements that formed the complex structure of the banquet itself. A close reading of the objects handled by drinkers in the images reveals various metaphors, particularly that of wine as sea, all expressing a wide range of attitudes toward an ambiguous substance that brings cheer but may also cause harm.
Not only does this work offer an anthropological view of ancient Greece, but it explores a precise iconographic system. In so doing it will encourage and enrich further reflection on the role of the image in a given culture.
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.
Writing Nikkei in Peru
In The Affinity of the Eye: Writing Nikkei in Peru, Ignacio López-Calvo rises above the political emergence of the Fujimori phenomenon and uses politics and literature to provide one of the first comprehensive looks at how the Japanese assimilated and inserted themselves into Peruvian culture. Through contemporary writers’ testimonies, essays, fiction, and poetry, López-Calvo constructs an account of the cultural formation of Japanese migrant communities. With deftly sensitive interviews and comments, he portrays the difficulties of being a Japanese Peruvian. Despite a few notable examples, Asian Peruvians have been excluded from a sense of belonging or national identity in Peru, which provides López-Calvo with the opportunity to record what the community says about their own cultural production. In so doing, López-Calvo challenges fixed notions of Japanese Peruvian identity.
The Affinity of the Eye scrutinizes authors such as José Watanabe, Fernando Iwasaki, Augusto Higa, Doris Moromisato, and Carlos Yushimito, discussing their literature and their connections to the past, present, and future. Whether these authors push against or accept what it means to be Japanese Peruvians, they enrich the images and feelings of that experience. Through a close reading of literary and cultural productions, López-Calvo’s analysis challenges and reframes the parameters of being Nikkei in Peru.
Covering both Japanese issues in Peru and Peruvian issues in Japan, the book is more than a compendium of stories, characters, and titles. It proves the fluid, enriching, and ongoing relationship that exists between Peru and Japan.
Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.
At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform.
Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants.
An Overview and Synthesis
Affirmative action has been and continues to be the flashpoint of America’s civil rights agenda. Yet while the affirmative action literature is voluminous, no comprehensive account of its major legal and public policy dimensions exists. Samuel and William M. Leiter examine the origin and growth of affirmative action, its impact on American society, its current state, and its future anti-discrimination role, if any. Informed by several different disciplines—law, history, economics, sociology, political science, urban studies, and criminology—the text combines the relevant legal materials with analysis and commentary from a variety of experts. This even-handed presentation of the subject of affirmative action is sure to be a valuable aid to those seeking to understand the issue’s many complexities.