Recent Acquisitions

Ken Burns and Lynn Novick’s ten-part, 18-hour documentary series, The Vietnam War, tells the epic story of one of the most consequential, divisive, and controversial events in American history as it has never before been told on film. Visceral and immersive, the series explores the human dimensions of the war through revelatory testimony of nearly 80 witnesses from all sides—Americans who fought in the war and others who opposed it, as well as combatants and civilians from North and South Vietnam. Ten years in the making, the series includes rarely seen and digitally re-mastered archival footage from sources around the globe, photographs taken by some of the most celebrated photojournalists of the 20th Century, historic television broadcasts, evocative home movies, and secret audio recordings from inside the Kennedy, Johnson, and Nixon administrations.

In this exploration of Powell's career and character, Christopher D. O'Sullivan reveals several broad themes crucial to American foreign policy and yields insights into the evolution of American foreign and defense policy in the post-Vietnam, post-Cold War eras. O'Sullivan's book not only explains Powell's diplomatic style, it provides crucial insights into the American foreign policy tradition in the modern era.

As part of the highly acclaimed series on critical infrastructure and homeland security, Information Technology Protection and Homeland Security is an eye-opening account of a diverse and complex sector. This book describes the processes needed to identify assets, assess risk, implement protective programs and resilience strategies, and measure their effectiveness. While the IT sector can never be made immune to all possible intrusions or hacks, a concerted, well thought out effort to incorporate security upgrades along with careful planning for facilities can help minimize attacks. While working through the text systematically, the reader will gain an understanding of the need for a heightened sense of awareness of the present threat facing the IT sector, as well as gain knowledge of security principles and measures that can be implemented, adding a critical component to not only the reader's professional knowledge but also providing them the tools needed to combat terrorism.

American Intelligence - the ultimate truth teller - has a responsibility in a post-truth world beyond merely warning of external dangers, and in The Assault on Intelligence, General Michael Hayden takes up that urgent work with profound passion, insight and authority. It is a sobering vision. The American intelligence community is more at risk than is commonly understood, for every good reason. Civil war or societal collapse is not necessarily imminent or inevitable, but our democracy's core structures, processes, and attitudes are under great stress. Many of the premises on which we have based our understanding of governance are now challenged, eroded, or simply gone. Because when we lose our intelligence, literally and figuratively, democracy dies.

Michael Morell, former CIA Deputy Director, describes how efforts to throw off the shackles of oppression have too often resulted in broken nation states unable or unwilling to join the fight against terrorism. Along the way Morell provides intimate portraits of the leadership styles of figures ranging from Presidents Bush and Obama, CIA directors Tenet, Goss, Hayden, Petraeus, Panetta, and Brennan, and a host of others.

In this bracing assessment of U.S. foreign policy and world disorder over the past two decades, anchored by a major new Pentagon-commissioned essay, Robert D. Kaplan lays out a blueprint of the world's changing power politics that recalls the late thirteenth century. As Europe fractures from changes in culture and migration, Eurasia coheres into a single conflict system. China is constructing a land bridge to Europe. Iran and India are trying to link the oil fields of Central Asia to the Indian Ocean. America's ability to influence the power balance in Eurasia is declining. Drawing on decades of firsthand experience as a foreign correspondent and military embed for The Atlantic, Kaplan outlines the timeless principles that should shape America's role in a turbulent world: a respect for the limits of Western-style democracy; a delineation between American interests and American values; an awareness of the psychological toll of warfare; a projection of power via a strong navy; and more. The Return of Marco Polo's World is a vigorous and honest reckoning with the difficult choices the United States will face in the years ahead.

Now completely revised and significantly expanded, The Military Divorce Handbook continues to be the go-to resource for understanding the issues involved and effectively representing military personnel and their spouses in domestic situations--divorce, separation, custody, support, and division of property. This timely and much-needed addition to a family lawyer's library is both comprehensive and practical, covering all aspects of representing service members and their spouses in divorce in an accessible, easy-to-use format.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

This sourcebook is a landmark publication that sets out all the statutes, executive orders, legal issues, and models that are relevant to public-private partnerships. It covers the law as it relates to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

America's Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration's treatment of disloyal persons during the Civil War, President Wilson's organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt's handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Vietnam war. A chapter on the post 9-11 treatment of suspected terrorists covers surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. Author Thomas J. Reed concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.

The Federal Veterans Laws, Rules and Regulations (FVLRR) contains the most relevant parts of Title 38 veterans law, including statutes and regulations, and court rules in a single source.

The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.

One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as drones. This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come.

This collection of scholarly and critical essays about the legal aspects of the Vietnam War explores various crimes committed by the United States against North Vietnam: war of aggression; war crimes in bombing civilian targets such as schools and hospitals, and using napalm, cluster bombs, and Agent Orange; crimes against humanity in moving large parts of the population to so-called strategic hamlets; and alleged genocide and ecocide. International lawyer Richard Falk, who observed these acts personally in North Vietnam in 1968, uses international law to show how they came about. This book brings together essays that he has written on the Vietnam War and on its relationship to international law, American foreign policy, and the global world order. Falk argues that only a stronger adherence to international law can save the world from such future tragedies and create a sustainable world order.

Using Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analyzing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity.

Francis Lyall and Paul B. Larsen have been involved in teaching and researching space law for over 50 years. The second edition gathers together their knowledge and experience in readable form, and covers developments in all space applications, including space tourism, telecommunications, the ITU and finance.

A new era of war fighting is emerging for the U.S. military. Hi-tech weapons have given way to hi tech in a number of instances recently. A computer virus is unleashed that destroys centrifuges in Iran, slowing that country's attempt to build a nuclear weapon. ISIS, which has made the internet the backbone of its terror operations, finds its network-based command and control systems overwhelmed in a cyber attack. A number of North Korean ballistic missiles fail on launch, reportedly because their systems were compromised by a cyber campaign. Offensive cyber operations like these have become important components of U.S. defense strategy and their role will grow larger. But just what offensive cyber weapons are and how they could be used remains clouded by secrecy. This new volume by Amy Zegart and Herb Lin is a groundbreaking discussion and exploration of cyber weapons with a focus on their strategic dimensions. It brings together many of the leading specialists in the field to provide new and incisive analysis of what former CIA director Michael Hayden has called "digital combat power" and how the United States should incorporate that power into its national security strategy.

Communications Sector Protection and Homeland Security is an eye-opening account and an important reference source of a complex sector. Communications systems are the backbone for much of the critical infrastructure within the United States and many of the other infrastructure components are completely dependent on them to perform their missions. They serve part in parcel with other key national security and emergency preparedness resources. This book examines the importance that communication sector has for national security policy and issues of homeland security.

With each passing year, the internet-linked attacks on America's interests have grown in both frequency and severity. Overmatched by our military, countries like North Korea, China, Iran, and Russia have found us vulnerable in cyberspace. The "Code War" is upon us. In this dramatic book, former Assistant Attorney General John P. Carlin takes readers to the front lines of a global but little-understood fight as the Justice Department and the FBI chase down hackers, online terrorist recruiters, and spies. Today, as our entire economy goes digital, from banking to manufacturing to transportation, the potential targets for our enemies multiply. This firsthand account is both a remarkable untold story and a warning of dangers yet to come.

With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.

The tragedy of our America's modern policies toward Natives demands reexamination immediately--not only because they make the lives of millions of American citizens harder and more dangerous--but also because they represent a microcosm of everything that has gone wrong with modern liberalism. They are the result of decades of politicians and bureaucrats showering a victimized people with money and cultural sensitivity instead of what they truly need--the education, the legal protections and the autonomy to improve their own situation. If we are really ready to have a conversation about American Indians, it is time to stop bickering about the names of football teams and institute real reforms that will bring to an end this ongoing national shame.

Over five centuries of foreign rule--by Spain, Mexico, and the United States--Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty by two of New Mexico's most distinguished legal historians, Malcolm Ebright and Rick Hendricks. The authors focus here on four New Mexico Pueblo Indian communities--Pojoaque, Nambe, Tesuque, and Isleta--and one now in Texas, Ysleta del Sur. They trace the complex tangle of conflicting jurisdictions and laws these pueblos faced when defending their extremely limited land and water resources. The communities often met such challenges in court and, sometimes, as in the case of Tesuque Pueblo in 1922, took matters into their own hands. Ebright and Hendricks describe how--at times aided by appointed Spanish officials, private lawyers, priests, and Indian agents--each pueblo resisted various non-Indian, institutional, and legal pressures; and how each suffered defeat in the Court of Private Land Claims and the Pueblo Lands Board, only to assert its sovereignty again and again. Although some of these defenses led to stunning victories, all five pueblos experienced serious population declines. Some were even temporarily abandoned. That all have subsequently seen a return to their traditions and ceremonies, and ultimately have survived and thrived, is a testimony to their resilience. Their stories, documented here in extraordinary detail, are critical to a complete understanding of the history of the Pueblos and of the American Southwest.

Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent, and the dynamism and contingency of genocidal processes. It discusses the role of state-building, imperialism, war, and social revolution in fueling genocide, and also supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. The author explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Written in clear and lively prose with over 240 illustrations and maps, this resource remains the indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.

In Colonial Lives of Property, Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples' rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations.

Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.

A respected legal resource, The Indian Child Welfare Act Handbook provides a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. This updated edition incorporates the hundreds of new legal decisions since the last edition in 2008, including the impact of the recent Department of Interior’s ICWA regulations and two critical Supreme Court decisions. The authors examine case law from courts around the country -- this is an issue not confined to reservations and their border towns.

In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria's predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template.

This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.

The 2018 190-page handbook is designed as an introduction to ratemaking for customers and new practitioners and also is a research tool for the more advanced participant. It updates the 1983 discussion of test year ratemaking and addresses many innovations that have made Pennsylvania a national leader in the field, including the distribution system improvement surcharge, fully projected future test year and revenue decoupling. Also updated are industry descriptions that have changed with competition and other variables, and the handbook contains a thorough guide to the procedures used by the Commission to set rates.

Pennsylvania Legal Research, now in its second edition, was written to provide a practical introduction to legal research with a special focus on Pennsylvania. The second edition begins with an overview of the legal research process and a discussion of research methods. The next chapters describe the more specific steps involved in finding and analyzing judicial opinions, statutes, legislative history, constitutional law, administrative law, and rules of court. The original chapter on secondary sources has been expanded and divided into two chapters, Secondary Sources and Practice Materials. This division reinforces the distinction between more scholarly sources, which may be cited as persuasive authority, and more practice-oriented sources, which are useful research tools without being cited themselves. At the end of the book, an Appendix provides guidance on incorporating legal citations into documents, and highlights citation issues that frequently arise when citing Pennsylvania sources. With the increase in electronic legal research since the publication of the first edition, the focus here has changed from describing print and online alternatives to describing the most efficient research methods for particular types of authority.

Dr. Joel Fishman and Sarah Steers have created the first compendium of Pennsylvania law and jurisprudence in the field of judicial discipline. The 1993 amendment to the PA state charter created a new two-tiered system of judicial discipline, replacing the Judicial Inquiry and Review Board with two independent entities: the Judicial Conduct Board and the Court of Judicial Discipline. The opinions of the Court of Judicial Discipline and the Supreme Court of Pennsylvania that are referenced in this volume serve multiple purposes. Not only do they dispose of cases, they also provide guidance to our judges on the contours of Pennsylvania's Code of Judicial Conduct and Rules Governing Standards of Conduct of Magisterial District Judges. The authors have also included chapters on recusal and ex parte communications, topics that have not seen significant recent attention in the context of judicial discipline.

Pulitzer Prize-winning author Jon Meacham helps us understand the present moment in American politics and life by looking back at critical times in our history when hope overcame division and fear. Our current climate of partisan fury is not new, and in The Soul of America Meacham shows us how what Abraham Lincoln called the "better angels of our nature" have repeatedly won the day. He writes about the Civil War, Reconstruction, and the birth of the Lost Cause; the backlash against immigrants in the First World War and the resurgence of the Ku Klux Klan in the 1920s; the fight for women's rights; the demagoguery of Huey Long and Father Coughlin and the isolationist work of America First in the years before World War II; the anti-Communist witch-hunts led by Senator Joseph McCarthy; and Lyndon Johnson's crusade against Jim Crow. Each of these dramatic hours in our national life have been shaped by the contest to lead the country to look forward rather than back, to assert hope over fear--a struggle that continues even now. While the American story has not always--or even often--been heroic, we have been sustained by a belief in progress even in the gloomiest of times. In this inspiring book, Meacham reassures us, "The good news is that we have come through such darkness before"--as, time and again, Lincoln's better angels have found a way to prevail.

In this culmination of five decades of acclaimed studies in presidential history, Pulitzer Prize-winning author Doris Kearns Goodwin offers an illuminating exploration of the early development, growth, and exercise of leadership. In Leadership in Turbulent Times, Goodwin draws upon the four presidents she has studied most closely--Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson (in civil rights)--to show how they recognized leadership qualities within themselves and were recognized as leaders by others. By looking back to their first entries into public life, we encounter them at a time when their paths were filled with confusion, fear, and hope. The book tells the story of how they all collided with dramatic reversals that disrupted their lives and threatened to shatter forever their ambitions. Nonetheless, they all emerged fitted to confront the contours and dilemmas of their times. No common pattern describes the trajectory of leadership. Although set apart in background, abilities, and temperament, these men shared a fierce ambition and a deep-seated resilience that enabled them to surmount uncommon hardships. At their best, all four were guided by a sense of moral purpose. At moments of great challenge, they were able to summon their talents to enlarge the opportunities and lives of others. This seminal work provides an accessible and essential road map for aspiring and established leaders in every field. In today's polarized world, these stories of authentic leadership in times of apprehension and fracture take on a singular urgency.

Written in elegiac prose, Lepore's groundbreaking investigation places truth itself--a devotion to facts, proof, and evidence--at the center of the nation's history. The American experiment rests on three ideas--"these truths," Jefferson called them--political equality, natural rights, and the sovereignty of the people. And it rests, too, on a fearless dedication to inquiry, Lepore argues, because self-government depends on it. But has the nation, and democracy itself, delivered on that promise? These Truths tells this uniquely American story, beginning in 1492, asking whether the course of events over more than five centuries has proven the nation's truths, or belied them. To answer that question, Lepore traces the intertwined histories of American politics, law, journalism, and technology, from the colonial town meeting to the nineteenth-century party machine, from talk radio to twenty-first-century Internet polls, from Magna Carta to the Patriot Act, from the printing press to Facebook News. Along the way, Lepore's sovereign chronicle is filled with arresting sketches of both well-known and lesser-known Americans, from a parade of presidents and a rogues' gallery of political mischief makers to the intrepid leaders of protest movements, including Frederick Douglass, the famed abolitionist orator; William Jennings Bryan, the three-time presidential candidate and ultimately tragic populist; Pauli Murray, the visionary civil rights strategist; and Phyllis Schlafly, the uncredited architect of modern conservatism. Americans are descended from slaves and slave owners, from conquerors and the conquered, from immigrants and from people who have fought to end immigration. "A nation born in contradiction will fight forever over the meaning of its history," Lepore writes, but engaging in that struggle by studying the past is part of the work of citizenship. "The past is an inheritance, a gift and a burden," Lepore observes. "It can't be shirked. There's nothing for it but to get to know it."

Gun control, voting rights, family planning, and environmental protection--these are all hot-button issues today, but they were also the same difficult and intractable issues that Senator Joseph D. Tydings of Maryland faced during his tenure in the Senate in the 1960s. In this timely memoir, Tydings looks back on a life of public service, from the Maryland General Assembly to chief federal prosecutor in Maryland and ultimately to the United States Senate. My Life in Progressive Politics provides an important, insider account of a landmark era in American politics.

In a life filled with meaning and accomplishment, Michelle Obama has emerged as one of the most iconic and compelling women of our era. As First Lady of the United States of America - the first African-American to serve in that role - she helped create the most welcoming and inclusive White House in history, while also establishing herself as a powerful advocate for women and girls in the U.S. and around the world, dramatically changing the ways that families pursue healthier and more active lives, and standing with her husband as he led America through some of its most harrowing moments. In her memoir, a work of deep reflection and mesmerizing storytelling, Michelle Obama invites readers into her world, chronicling the experiences that have shaped her - from her childhood on the South Side of Chicago to her years as an executive balancing the demands of motherhood and work, to her time spent at the world's most famous address. Warm, wise, and revelatory, Becoming is the deeply personal reckoning of a woman of soul and substance who has steadily defied expectations - and whose story inspires us to do the same.

In this revealing book, Cass Sunstein shows how today's Internet is driving political fragmentation, polarization, and even extremism, and what can be done about it. Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates "cybercascades," exploits "confirmation bias," and assists "polarization entrepreneurs." And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy. In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed. #Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need.

Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment in 2020, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?

This textbook provides a comprehensive assessment of women in American politics as participants, candidates, and office holders, as well as important public policies that affect women in their daily lives. Firmly grounded in current Political Science research, this textbook also provides cutting-edge analysis of current topics such as gender, feminism, social media, and issues within the current gender justice movement, to name a few, in its coverage. This textbook will be timely and relevant to undergraduate students in its coverage of important topics, and will provide a strong overview of important research in the field of women and politics for graduate students. In addition, the pedagogical features included throughout the textbook will help students develop critical thinking skills as well as provide resources to become lifelong learners on this topic.

Yascha Mounk shows in this brilliant and timely book that trust in politics is dwindling. Citizens are falling out of love with their political system. Democracy is wilting away. Drawing on vivid stories and original research, Mounk identifies three key drivers of voters' discontent: stagnating living standards, fear of multi-ethnic democracy, and the rise of social media. To reverse the trend, politicians need to enact radical reforms that benefit the many, not the few. The People vs. Democracy is the first book to describe both how we got here and what we need to do now. For those unwilling to give up either individual rights or the concept of the popular will, Mounk argues that urgent action is needed, as this may be our last chance to save democracy.

Why the Right Went Wrong offers a historical view of the conservative right since the 1960s. Its core contention is that American conservatism and the Republican Party took a wrong turn when they adopted Barry Goldwater's worldview during and after the 1964 campaign. The radicalism of today's conservatism is not the product of the Tea Party, Washington Post columnist E.J. Dionne writes. The Tea Partiers are the true heirs to Goldwater ideology. The purity movement did more than drive moderates out of the Republican Party - it beat back alternative definitions of conservatism. Since 1968, no conservative administration - not Nixon not Reagan not two Bushes - could live up to the rhetoric rooted in the Goldwater movement that began to reshape American politics fifty years ago. The result was the Tea Party, which Dionne says, was as much a reaction to Bush as to Obama. Dionne also shows how a more moderate brand of politics would be good for the Republican Party and the nation and allow American government to work again.

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

American Intelligence - the ultimate truth teller - has a responsibility in a post-truth world beyond merely warning of external dangers, and in The Assault on Intelligence, General Michael Hayden takes up that urgent work with profound passion, insight and authority. It is a sobering vision. The American intelligence community is more at risk than is commonly understood, for every good reason. Civil war or societal collapse is not necessarily imminent or inevitable, but our democracy's core structures, processes, and attitudes are under great stress. Many of the premises on which we have based our understanding of governance are now challenged, eroded, or simply gone. Because when we lose our intelligence, literally and figuratively, democracy dies.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

Voting rights are a perennial topic in American politics. Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

In this volume, Bradley C. S. Watson brings together the leading scholars who have sparked one of the most important intellectual and political movements of our times: the criticism of the progressive intellectual synthesis that has dominated American thought and politics over much of the last century, and has provided the framework in which the administrative state has expanded and flourished. The contributors address the most important questions raised by this movement: what is the meaning of progressivism? What is the nature of the Founders' Constitution and the progressive challenges to it? What is the significance of recent scholarship and public opinion that have arisen in opposition to the progressive vision? What are the implications of American progressivism for twenty-first century politics and policy? Progressive Challenges to the American Constitution addresses the growing doubt about the scope and sustainability of expanded government power.

Of the many issues polarizing societies today, immigration is one of the most contentious. In the United States, as in Europe, immigration was a defining issue in recent national elections. Immigration not only involves government policies but also the human rights of millions of people. American Presidents, Deportations, and Human Rights Violations studies how recent immigration policies in the United States developed during the Obama administration and are now being expanded in the first months of the Trump presidency. Documenting the harsh treatment of immigrants over the past twenty years, Bill Ong Hing shows how mass detention and deportation of immigrants, from Clinton's two terms and the Bush administration, have escalated even higher. This book questions what price the United States is willing to pay for such harsh immigration policies in terms of our national values, and the impact on the lives of the millions of immigrants who deserve the full protection of universal human rights obligations.

In this bracing assessment of U.S. foreign policy and world disorder over the past two decades, anchored by a major new Pentagon-commissioned essay, Robert D. Kaplan lays out a blueprint of the world's changing power politics that recalls the late thirteenth century. As Europe fractures from changes in culture and migration, Eurasia coheres into a single conflict system. China is constructing a land bridge to Europe. Iran and India are trying to link the oil fields of Central Asia to the Indian Ocean. America's ability to influence the power balance in Eurasia is declining. Drawing on decades of firsthand experience as a foreign correspondent and military embed for The Atlantic, Kaplan outlines the timeless principles that should shape America's role in a turbulent world: a respect for the limits of Western-style democracy; a delineation between American interests and American values; an awareness of the psychological toll of warfare; a projection of power via a strong navy; and more. The Return of Marco Polo's World is a vigorous and honest reckoning with the difficult choices the United States will face in the years ahead.

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world - including the Americas, Australia, Europe, and the United Kingdom - it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time, offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas, and, at the same time, a political economic corrective to legal scholarship that has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

The true story of Abraham Lincoln's last murder trial, a case in which he had a deep personal involvement--and which played out in the nation's newspapers as he began his presidential campaign At the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases, including more than twenty-five murder trials during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer. Lincoln's Last Trial captures the presidential hopeful's dramatic courtroom confrontations in vivid detail as he fights for his client, but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

Rose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. "Jerry" Brown chose her to become California's first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation's most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird's vehement critics, Kathleen A. Cairns traces Bird's meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird's downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a "radical" feminist agenda might topple long-standing institutions and threaten "traditional" values.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas. The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.

Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how "winner-take-all" and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

In Policy Drift, Norma Riccucci sheds light on how institutional forces collectively contributed to major change in three key areas of U.S. policy (privacy rights, civil rights, and climate policy) without any new policy explicitly being written. Formal levers of change--U.S. Supreme Court decisions; inaction by Congress; Presidential executive orders--stimulated by social, political or economic forces, organized permutations which ultimately shaped and defined contemporary public policy. Invariably, implementations of new policies are embedded within a political landscape. Political actors, motivated by social and economic factors, may explicitly employ strategies to shift the direction of existing public polices or derail them altogether. Some segments of the population will benefit from this process, while others will not; thus, "policy drifts" carry significant consequences for social and economic change.

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

A detailing of the precise nature of impeachment law, by a respected attorney and legal scholar. The book includes a study of the language of the law and its precise grounds and repercussions; how the founding fathers based US impeachment rules on British law; and a history of the law's application in American history, including details of the 18 cases of impeachment that have taken place (of judges and legislators as well as several presidents).

Impeachment: What Everyone Needs to Know is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked - will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century. This is an essential book for all Americans seeking to understand how the crucial but fearsome power should be exercised.

How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-Wright Court, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. The book examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation. In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.

State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.

Many have hailed the widespread use of generic drugs as one of the most important public-health developments of the twenty-first century. Today, almost 90 percent of our pharmaceutical market is comprised of generics, the majority of which are manufactured overseas. We have been reassured by our doctors, our pharmacists and our regulators that generic drugs are identical to their brand-name counterparts, just less expensive. But is this really true? Katherine Eban's Bottle of Lies exposes the deceit behind generic-drug manufacturing--and the attendant risks for global health. Drawing on exclusive accounts from whistleblowers and regulators, as well as thousands of pages of confidential FDA documents, Eban reveals an industry where fraud is rampant, companies routinely falsify data, and executives circumvent almost every principle of safe manufacturing to minimize cost and maximize profit, confident in their ability to fool inspectors. Meanwhile, patients unwittingly consume medicine with unpredictable and dangerous effects. A decade-long investigation with international sweep, high-stakes brinkmanship and big money at its core, Bottle of Lies reveals how the world's greatest public-health innovation has become one of its most astonishing swindles.

Transition throughout the divorce process is a critical time when both spouses need the most help to understand the pros and cons of financial options, how to set priorities, and when to reach a settlement with confidence. Money and Divorce: The Essential Roadmap to Mastering Financial Decisions will help anyone make informed and intelligent choices concerning financial issues in divorce. The book explains the fundamentals--illustrating how to set goals, deal with finances, navigate the legal process, and protect against unforeseen events.

In Colonial Lives of Property, Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

Tying together cultural history, legal history, and institutional economics, The Laws and Economics of Confucianism offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. The dominance of Neo-Confucian social hierarchies in Late Imperial and Republican China, under which advanced age and generational seniority were the primary determinants of sociopolitical status, allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, landed wealth was a fairly strict prerequisite for high status and authority in the far more 'individualist' society of early modern England, essentially excluding low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions and agricultural production.

In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

Joint Tenancies remains the only work at this time inviting careful thought about the commercial landlord’s risk and reward scenarios in leasing to marijuana businesses. The book seeks to teach readers about issues to take to heart in the Cannabis industry real estate leasing process and to be successful in doing so. Toward the end of the book, some forms are included that offer ideas for how a landlord might treat this type of transaction. Using these forms, or anything like them, won’t guarantee that a landlord avoids forfeiture or personal criminal prosecution if that landlord veers off the regulatory rails. Any potential commercial landlord must proceed with extreme caution. Part of that process is to obtain competent legal advice from an experienced attorney in the local community.

In Foreclosed, Christopher K. Odinet gives voice to the stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. In doing so, it unveils a quiet and dangerous market shift in mortgage servicing - namely, an ongoing move toward a shadow banking sector where regulation is weak - that threatens the stability of our housing finance system. Ultimately, the book demonstrates how the law does not afford homeowners the protection most think and how regulation of these mortgage middlemen remains weak. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.

A comprehensive resource for the surety practitioner, this book expertly analyzes the myriad issues that arise in complex surety cases. Chapters explore the challenges that arise in preparation for and trial of a “mega” construction surety case, examining the decisions facing the surety when confronted with litigation involving multiple parties, project locations, claimants, potential sources of salvage, and more. The book also discusses techniques and strategies to effectively handle these complex cases.

Art is an asset of passion, as author Ramsay H. Slugg states, yet it also has unique and important financial characteristics. This makes art possibly the most difficult asset to incorporate into an overall estate and financial plan. Handbook of Practical Planning for Artists, Art Collectors and Their Advisors addresses two essential elements of art ownership: planning for the ultimate disposition of the art, including how to address the wealth represented by the art into any estate and financial planning, and also the practical considerations for collectors as they actively collect and plan for the art’s eventual disposition.

The demanding area of asset protection planning requires knowledge of property law, domestic and international tax law, estate planning, the law of trusts and estates, bankruptcy and debtor-creditor law, and more. Since the original publication of Asset Protection Strategies in 2005, there have been many important and interesting developments addressed in this updated edition. This compendium brings together the knowledge of multiple experts in the field who share an in-depth, professional analysis and review of the key issues that lawyers and financial planning professionals face in advising clients on plans designed to achieve the goal of tax savings, providing for other family members, and protecting the estate from creditors. Chapters provide practical viewpoints and current information to assist practitioners in analyzing the client's needs and determining the appropriate plan for each objective and situation.

This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.

Personal Names, Hitler, and the Holocaust: A Socio-Onomastic Study of Genocide and Nazi Germany provides readers with an increased understanding of and sensitivity to the many powerful ways in which personal names are used by both perpetrators and victims during wartime. This book concentrates on one of the most terrifying and yet fascinating periods of modern history: the Holocaust. In particular, it examines the different ways in which personal names were used by Nationalist Socialists to hunt and destroy the victims of their genocidal ideology. Through compelling first-hand accounts from Holocaust survivors, in-depth interviews with descendants of Nazi war criminals, and a plethora of chilling cases extracted directly from the meticulous records kept by the National Socialists, this work presents a harrowing historical account of the way personal names were used during the Third Reich to achieve Hitler's homicidal vision. Importantly, the use of personal names and naming to target and annihilate victims is not a historical anomaly of World War II but a widespread sociolinguistic practice that has been demonstrated in many modern-day acts of genocide. From Rwanda to Bosnia, Berlin to Washington, when governmental controls are abridged and ethical boundaries are crossed, very quickly, something as simple as a person's name can determine who lives and who dies.

In the summer of 2016 acclaimed archaeologist Richard Freund and his team made news worldwide when they discovered an escape tunnel from the Ponar burial pits in Lithunia. This Holocaust site where more than 100,000 people perished is usually remembered for the terrible devastation that happened there. In the midst of this devastation, the discovery of an escape tunnel reminds us of the determination and tenacity of the people in the camp and the hope they continued to carry. The Archaeology of the Holocaust takes readers out to the field with Freund and his multi-disciplinary research group as they uncover the evidence of the Holocaust, focusing on sites in Lithuania, Poland, and Greece in the past decade. Using forensic detective work, Freund tells the micro- and macro-histories of sites from the Holocaust as his team covers excavations and geophysical surveys done at four sites in Poland, four sites in Rhodes, and 15 different sites in Lithuania with comparisons of some of the work done at other sites in Eastern Europe. The book contains testimonies of survivors, photographs, information about a variety of complementary geoscience techniques, and information gleaned from pinpoint excavations. It serves as an introduction to the Holocaust and explains aspects of the culture lost in the Holocaust through the lens of archaeology and geoscience.

The Crime of Complicity is a ground-breaking examination of the legal culpability of the bystander told through the lens of the author's family experiences in the Holocaust. It provides an exploration of three distinct events: the death marches; the German occupation of Holland; and the German occupation of Hungary, all of which allow an in-depth discussion of the role of the bystander in varied circumstances. Through a narrative of his parents' stories, Amos Guiora, Professor of Law at the S.J. Quinney College of Law at the University of Utah, author, and former Lieutenant Colonel in the Israel Defense Force, poses the question of whether there can and should be legal liability in deciding not to act to aid another person in distress. It draws upon a wide range of historical, psychological, sociological and archival material in an effort to determine the legal and moral responsibility of the bystander.

The long-hidden diary of a young Polish woman's life during the Holocaust, translated for the first time into English. Renia Spiegel was born in 1924 to an upper-middle class Jewish family living in southeastern Poland, near what was at that time the border with Romania. At the start of 1939 Renia began a diary. "I just want a friend. I want somebody to talk to about my everyday worries and joys. Somebody who would feel what I feel, who would believe me, who would never reveal my secrets. A human being can never be such a friend and that's why I have decided to look for a confidant in the form of a diary." And so begins an extraordinary document of an adolescent girl's hopes and dreams. Like Anne Frank, Renia's diary became a record of her daily life as the Nazis spread throughout Europe. Renia writes of her mundane school life, her daily drama with best friends, falling in love with her boyfriend Zygmund, as well as the agony of missing her mother, separated by bombs and invading armies. Renia had aspirations to be a writer, and the diary is filled with her poignant and thoughtful poetry. Renia's Diary has been translated from the original Polish, and includes a preface, afterword, and notes by her surviving sister, Elizabeth Bellak. An extraordinary historical document, Renia Spiegel survives through the beauty of her words and the efforts of those who loved her and preserved her legacy.

In How to Be an Antiracist, Kendi takes readers through a widening circle of antiracist ideas--from the most basic concepts to visionary possibilities--that will help readers see all forms of racism clearly, understand their poisonous consequences, and work to oppose them in our systems and in ourselves. Kendi weaves an electrifying combination of ethics, history, law, and science with his own personal story of awakening to antiracism. This is an essential work for anyone who wants to go beyond the awareness of racism to the next step: contributing to the formation of a just and equitable society.

During the long, hot summers of the late 1960s and 1970s, one man began a campaign to open some of America's most exclusive beaches to minorities and the urban poor. That man was anti-poverty activist and one-time presidential candidate Ned Coll of Connecticut, a state that permitted public access to a mere seven miles of its 253-mile shoreline. Nearly all of the state's coast was held privately, for the most part by white, wealthy residents. This book is the first to tell the story of the controversial protester who gathered a band of determined African American mothers and children and challenged the racist, exclusionary tactics of homeowners in a state synonymous with liberalism. Coll's legacy of remarkable successes--and failures--illuminates how our nation's fragile coasts have not only become more exclusive in subsequent decades but also have suffered greater environmental destruction and erosion as a result of that private ownership.

Some Americans insist that we're living in a post-racial society. But racist thought is not just alive and well in America--it is more sophisticated and more insidious than ever. And as award-winning historian Ibram X. Kendi argues, racist ideas have a long and lingering history, one in which nearly every great American thinker is complicit. In this deeply researched and fast-moving narrative, Kendi chronicles the entire story of anti-black racist ideas and their staggering power over the course of American history. He uses the life stories of five major American intellectuals to drive this history: Puritan minister Cotton Mather, Thomas Jefferson, abolitionist William Lloyd Garrison, W.E.B. Du Bois, and legendary activist Angela Davis. As Kendi shows, racist ideas did not arise from ignorance or hatred. They were created to justify and rationalize deeply entrenched discriminatory policies and the nation's racial inequities. In shedding light on this history, Stamped from the Beginning offers us the tools we need to expose racist thinking and, in the process, he gives us reason to hope.

In this groundbreaking and important book, Danielle McGuire writes about the rape in 1944 of a twenty-four-year-old mother and sharecropper, Recy Taylor, who strolled toward home after an evening of singing and praying at the Rock Hill Holiness Church in Abbeville, Alabama. The president of the local NAACP branch office sent his best investigator and organizer--Rosa Parks--to Abbeville. In taking on this case, Parks launched a movement that exposed a ritualized history of sexual assault against black women and added fire to the growing call for change.

The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at "whites only" lunch counters lies a series of underappreciated legal dilemmas - about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students' actions initiated a national conversation over whether the Constitution's equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.

In this dramatic reexamination of the Jim Crow South, Anders Walker demonstrates that racial segregation fostered not simply terror and violence, but also diversity, one of our most celebrated ideals. By resituating the decision in the context of Southern intellectual history, Walker places diversity on a new footing, independent of affirmative action but also free from the constraints currently placed on it by the Supreme Court. With great clarity and insight, he offers a new lens through which to understand the history of civil rights in the United States.

This narrative nonfiction book contains stories of people of African origin who were never enslaved, born free, or who obtained liberty through court proceedings in the U.S. They lived in a society that sought to systematically deprive them of liberty and other human rights. This history of Free Blacks in Virginia reveals the human ability to persevere against adverse odds arising from the color of their skin, or their gender, or both. It interweaves legal history with stories of what happened to those African Americans who were free before the Civil War and lived their lives in the shadows of a complicated world.

Follow the courageous journey of John Lewis, a civil rights hero, congressional leader, and human rights champion whose unwavering fight for justice spans the past 50 years. The son of sharecroppers, Lewis grew up in the segregated South and rose from Alabama's Black Belt to the corridors of power on Capitol Hill. The film is a riveting portrayal of John Lewis' fearless struggles, searing disappointments, and hard-one triumphs, as over the decades he inspires others to stand up and Get in the Way.
Director: Kathleen Dowdey

Nine years before the Senate campaign that made him one of the most influential and compelling voices in American politics, Barack Obama published this lyrical, unsentimental, and powerfully affecting memoir. Dreams from My Father tells the story of Obama's struggle to understand the forces that shaped him as the son of a black African father and white American mother -- a struggle that takes him from the American heartland to the ancestral home of his great-aunt in the tiny African village of Alego. A searching meditation on the meaning of identity in America, his memoir might be the most revealing portrait we have of a major American leader who has taken a prominent role in healing a fractious and fragmented nation.

A public servant and a lawyer, a professor and a father, a Christian and a skeptic, and above all a student of history and human nature, Barack Obama has written a book of transforming power. Only by returning to the principles that gave birth to our Constitution, he says, can Americans repair a political process that is broken, and restore to working order a government that has fallen dangerously out of touch with millions of ordinary Americans. Those Americans are out there, he writes -- "waiting for Republicans and Democrats to catch up with them."

In a life filled with meaning and accomplishment, Michelle Obama has emerged as one of the most iconic and compelling women of our era. As First Lady of the United States of America - the first African-American to serve in that role - she helped create the most welcoming and inclusive White House in history, while also establishing herself as a powerful advocate for women and girls in the U.S. and around the world, dramatically changing the ways that families pursue healthier and more active lives, and standing with her husband as he led America through some of its most harrowing moments. In her memoir, a work of deep reflection and mesmerizing storytelling, Michelle Obama invites readers into her world, chronicling the experiences that have shaped her - from her childhood on the South Side of Chicago to her years as an executive balancing the demands of motherhood and work, to her time spent at the world's most famous address. Warm, wise, and revelatory, Becoming is the deeply personal reckoning of a woman of soul and substance who has steadily defied expectations - and whose story inspires us to do the same.

Unstable Ground looks at the human impact of climate change and its potential to provoke some of the most troubling crimes against humanity--ethnic conflict, war, and genocide. Alex Alvarez provides an essential overview of what science has shown to be true about climate change and examines how our warming world will challenge and stress societies and heighten the risk of mass violence. Drawing on a number of recent and historic examples, including Darfur, Syria, and the current migration crisis, this book illustrates the thorny intersections of climate change and violence. The author doesn't claim causation but makes a compelling case that changing environmental circumstances can be a critical factor in facilitating violent conflict. As research suggests climate change will continue and accelerate, understanding how it might contribute to violence is essential in understanding how to prevent it.

The Black Migrant Athlete analyzes the construction of race in Western societies through a study of the black African migrant athlete. Munene Franjo Mwaniki presents ten black African migrant athletes as a conceptual starting point to interrogate the nuances of media representations of the migrant and immigrant experience with a global perspective. By using celebrity athletes such as Hakeem Olajuwon, Dikembe Mutombo, and Catherine Ndereba as entry points into a global discourse, Mwaniki explores how these athletes are wrapped in social and cultural meanings by predominately white-owned and -dominated media organizations. Drawing from discourse analysis and cultural studies, Mwaniki examines the various power relations via media texts regarding race, gender, sexuality, class, and nationality.

Successful management of a diverse workforce is one of the most important global challenges faced by corporate leaders, human resource managers, and management consultants. Offering original coverage of the historical and theoretical foundations that have led to today's practice of managing diversity in the workplace, this bestseller offers an original model for a globally inclusive workplace, bringing concepts to life with real-world situations.

Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent, and the dynamism and contingency of genocidal processes. It discusses the role of state-building, imperialism, war, and social revolution in fueling genocide, and also supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. The author explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Written in clear and lively prose with over 240 illustrations and maps, this resource remains the indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.

Jim Crow laws were wiped off the books decades ago, but today an extraordinary percentage of the African American community is warehoused in prisons or trapped in a parallel social universe, denied basic civil and human rights—including the right to vote; the right to serve on juries; and the right to be free of legal discrimination in employment, housing, access to education and public benefits. Alexander shows that, by targeting black men through the War on Drugs and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of colorblindness. The New Jim Crow challenges the civil rights community—and all of us—to place mass incarceration at the forefront of a new movement for racial justice in America.

The American Bar Association book, Ferguson’s Fault Lines: The Race Quake That Rocked A Nation, offers a historical tour of race, inequality and injustices in America, which collided in Ferguson, MO, after the fatal shooting of unarmed black teenager Michael Brown by a white police officer. It offers varying perspectives and strategies for recognizing and dealing with implicit biases that contribute to disparities in the justice system.

Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. Gilbert King delivers this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair--saving him, against all odds, from being sentenced to death for a crime he did not commit.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

Voting rights are a perennial topic in American politics. Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

In Colonial Lives of Property, Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

Handcuffs and Chain Link enters the immigration debate by addressing one of its most controversial aspects: the criminalization both of extralegal immigration to the United States and of immigrants themselves in popular and political discourse. Looking at the factors that led up to criminalization, Benjamin Gonzalez O'Brien points to the alternative approach of the Immigration Reform and Control Act of 1986 and how its ultimate demise served to negatively reinforce the fictitious association of extralegal immigrants with criminality. Crucial to Gonzalez O'Brien's account thus is the concept of the critical policy failure -- a piece of legislation that attempts a radically different approach to a major issue but has shortcomings that ultimately further entrench the approach it was designed to supplant. The IRCA was just such a piece of legislation. It highlighted the contributions of the undocumented and offered amnesty to some while attempting to stem the flow of extralegal immigration by holding employers accountable for hiring the undocumented. The failure of this effort at decriminalization prompted a return to criminalization with a vengeance, leading to the stalemate on immigration policy that persists to this day.

Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.

To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.

The purpose of Granville Sharpe's Cases on Slavery is twofold- first, to publish previously unpublished legal materials principally in three important cases in the 18th century on the issue of slavery in England, and specifically the status of black people who were slaves in the American colonies or the West Indies and who were taken to England by their masters. The unpublished materials are mostly verbatim transcripts made by shorthand writers commissioned by Granville Sharp, one of the first Englishmen to take up the cause of the abolition of the slave trade and slavery itself. Other related unpublished material is also made available for the first time, including an opinion of an attorney general and some minor cases from the library of York Minster. The second purpose, outlined in the Introduction, is to give a social and legal background to the cases and an analysis of the position in England of black servants/slaves brought to England and the legal effects of the cases, taking into account the new information provided by the transcripts. There was a conflict in legal authorities as to whether black servants remained slaves, or became free on arrival in England. Lord Mansfield, the chief justice of the court of King's Bench, was a central figure in all the cases and clearly struggled to come to terms with slavery. The material provides a basis for tracing the evolution of his thought on the subject.

This documentary tells the inspiring and heartwarming story of Mildred and Richard Loving, an interracial couple who married in 1958 despite Virginia's anti-miscegenation laws. After hearing the Loving v. Virginia case, the U.S. Supreme Court ruled unanimously in favor of the Lovings on June 12, 1967. This precedent-setting decision resulted in 16 states being ordered to overturn their bans on interracial marriage. Alabama was the last holdout, finally repealing its anti-miscegenation law in 2000.
Director: Nancy Buirski
Writers: Nancy Buirski and Susie Ruth Powell

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective Law Schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public Law Schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American Law School students. To further the debate on affirmative action, this book shows that experiences and voices of African American Law School students are a crucial ingredient in the debate on race and how it functions in Law Schools.

You Don't Look Like a Lawyer examines the discrimination professional women of color face in the legal profession and the ways in which race and gender impact women's work. Tsedale Melaku looks in depth at the legal profession and discusses how these issues also impact women of color in other fields.

Every successful lawyer requires the knowledge and complex skills to communicate effectively with fellow citizens from a wide variety of ethnicities and belief systems. Kiss, Bow, or Shake Hands provides insights into understanding how an individual’s culture can influence a case or a negotiation that is not only a valuable skill but also an imperative in today's diverse business environment.

From one of the most brilliant and influential lawyers of our time comes an unforgettable true story about the redeeming potential of mercy. Bryan Stevenson was a gifted young attorney when he founded the Equal Justice Initiative, a legal practice dedicated to defending the poor, the wrongly condemned, and those trapped in the furthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man sentenced to die for a notorious murder he didn't commit. The case drew Stevenson into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever. 

Despite cultural progress in reducing overt acts of racism, stark racial disparities continue to define American life. This book is for anyone who wonders why race still matters and is interested in what emerging social science can contribute to the discussion. The book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. This new evidence reveals how human mental machinery can be skewed by lurking stereotypes, often bending to accommodate hidden biases reinforced by years of social learning. Through the lens of these powerful and pervasive implicit racial attitudes and stereotypes, Implicit Racial Bias Across the Law examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination. Danielle M. Conway article: Intellectual Property : Implicit Racial and Gender Bias in Right of Publicity Cases and Intellectual Property Law Generally, Chapter 10, 179-191.

The decision in Dred Scott v. Sandford (1857), that African Americans were unable to become American citizens and therefore lacked standing to sue in federal court, and that Congress had no authority to prohibit slavery in the territories, was truly monumental in its impact on the nation and immediately generated widespread public debate. For more than one hundred and fifty years, there existed no single source containing the nine opinions that comprise the Dred Scott decision alongside the contemporary intellectual commentary. This volume not only fills that scholarly void but also includes Professor Lind's bibliographic essay which traces the production and transmission history of Dred Scott and details many previously unrecorded bibliographic aspects of the separately printed decision. In doing so, Lind adds important elements to the historiography of a landmark in American judicial thought--a decision which provided the textual ammunition for both sides of a debate that further divided the nation as it marched toward civil war.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

In this volume ten expert historians and legal scholars examine the Civil Rights Act of 1866, the first federal civil rights statute in American history. The act declared that all persons born in the United States were citizens without regard to race, color, or previous condition of slavery. Designed to give the Thirteenth Amendment practical effect as former slave states enacted laws limiting the rights of African Americans, this measure for the first time defined U.S. citizenship and the rights associated with it. Essays examine the history and legal ramifications of the act and highlight competing impulses within it, including the often-neglected Section 9, which allows the president to use the nation's military in its enforcement; an investigation of how the Thirteenth Amendment operated to overturn the Dred Scott case; and New England's role in the passage of the act.

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. Coming at a time when explicit racism is resurfacing, Hernández's look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas. The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.

Immigration Compliance and Best Practices focuses on the best practices that will ensure that your employer is protected by effective compliance solutions. This is the book that you will keep close at hand and use repeatedly to accomplish your employer’s immigration compliance goals.

The judicial system in a liberal democracy is deemed to be an independent branch of government with judges free from political agendas or societal pressures. In reality, judges are often influenced by their economic and social backgrounds, gender, race, religion, and sexuality. This volume explores the representation of different identities in the judiciary in the United States. The contributors investigate the pipeline, ambition, institutional inclusion, retention, and representation of groups previously excluded from federal, state, and local judiciaries. This study demonstrates how diversity on the bench improves the quality of justice, bolsters confidence in the legitimacy of the courts, and provides a vital voice in decision-making power for formerly disenfranchised populations.

A distinguished group of scholars from Germany, Israel and across the United States are brought together in Nazi Law to investigate the ways in which Hitler and the Nazis used the law as a weapon, mainly against the Jews, to establish and progress their master plan for German society. The book looks at how, after assuming power in 1933, the Nazi Party manipulated the legal system and the constitution in its crusade against Communists, Jews, homosexuals, as well as Jehovah's Witnesses and other religious and racial minorities, resulting in World War II and the Holocaust. It then goes on to analyse how the law was subsequently used by the opponents of Nazism in the wake of World War Two to punish them in the war crime trials at Nuremberg.

Judge Mettraux's six-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigor and an insight into the practice of international criminal law. The compendium is unrivaled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. Honorable Guenael Mettraux is currently an affiliate faculty member of Dickinson Law.

From Oppression to Grace gives voice to the experiences of women of color--women of African, Native American, Latina, East Indian, Korean and Japanese descent--as students pursuing terminal degrees and as faculty members navigating the Academy, grappling with the dilemmas encountered by others and themselves as they exist at the intersections of their work and identities. This book uses critical race feminism (CRF) to place women of color in the center, rather than the margins, of the discussion, theorizing, research and praxis of their lives as they co-exist in the dominant culture. This book is for all women of color growing up in the academy, learning to stand on their own, taking first steps, mastering the language, walking, running, falling and getting up to run again--and illuminates the process of self-definition that is essential to their growth as scholars and individuals.

In the United States, it is quite common to lay claim to the benefits of society by appealing to "taxpayer citizenship"--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, Camille Walsh shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness. From the origins of unequal public school funding after the Civil War through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims. Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, Walsh reveals how the idea of a "taxpayer" identity contributed to the contemporary crises of public education, racial disparity, and income inequality.

This book provides the first national study of this intense and challenging struggle which disrupted and refashioned institutions in almost every state. It also illuminates the context for one of the most transformative educational movements in American history through a history of black higher education and black student activism before 1965.

The story of Richard and Mildred Loving, an interracial couple, whose challenge of their anti-miscegenation arrest for their marriage in Virginia led to a legal battle that would end at the US Supreme Court. Based in part on the documentary "The Loving story" by Nancy Buirski.
Writer/Director: Jeff Nichols
Cast: Joel Edgerton, Ruth Negga, Marton Csokas, Nick Kroll, Michael Shannon

Trevor Noah's unlikely path from apartheid South Africa to the desk of The Daily Show began with a criminal act: his birth. Trevor was born to a white Swiss father and a black Xhosa mother at a time when such a union was punishable by five years in prison. Living proof of his parents' indiscretion, Trevor was kept mostly indoors for the earliest years of his life, bound by the extreme and often absurd measures his mother took to hide him from a government that could, at any moment, steal him away. Finally liberated by the end of South Africa's tyrannical white rule, Trevor and his mother set forth on a grand adventure, living openly and freely and embracing the opportunities won by a centuries-long struggle. Born a Crime is the story of a mischievous young boy who grows into a restless young man as he struggles to find himself in a world where he was never supposed to exist. It is also the story of that young man's relationship with his fearless, rebellious, and fervently religious mother--his teammate, a woman determined to save her son from the cycle of poverty, violence, and abuse that would ultimately threaten her own life.

The bestselling author Stephen Carter delves into his past and discovers the inspiring story of his grandmother's extraordinary life. She was black and a woman and a prosecutor, a graduate of Smith College and the granddaughter of slaves, as dazzlingly unlikely a combination as one could imagine in New York of the 1930s -- and without the strategy she devised, Lucky Luciano, the most powerful Mafia boss in history, would never have been convicted. When special prosecutor Thomas E. Dewey selected twenty lawyers to help him clean up the city's underworld, she was the only member of his team who was not a white male. Eunice Hunton Carter was raised in a world of stultifying expectations about race and gender, yet by the 1940s, her professional and political successes had made her one of the most famous black women in America. Moving, haunting, and as fast-paced as a novel, Invisible tells the true story of a woman who often found her path blocked by the social and political expectations of her time. But Eunice Carter never accepted defeat, and thanks to her grandson's remarkable book, her long forgotten story is once again visible.

In Algorithms of Oppression, Safiya Umoja Noble challenges the idea that search engines like Google offer an equal playing field for all forms of ideas, identities, and activities. Data discrimination is a real social problem; Noble argues that the combination of private interests in promoting certain sites, along with the monopoly status of a relatively small number of Internet search engines, leads to a biased set of search algorithms that privilege whiteness and discriminate against people of color, specifically women of color.

Personal Names, Hitler, and the Holocaust: A Socio-Onomastic Study of Genocide and Nazi Germany provides readers with an increased understanding of and sensitivity to the many powerful ways in which personal names are used by both perpetrators and victims during wartime. This book concentrates on one of the most terrifying and yet fascinating periods of modern history: the Holocaust. In particular, it examines the different ways in which personal names were used by Nationalist Socialists to hunt and destroy the victims of their genocidal ideology. Through compelling first-hand accounts from Holocaust survivors, in-depth interviews with descendants of Nazi war criminals, and a plethora of chilling cases extracted directly from the meticulous records kept by the National Socialists, this work presents a harrowing historical account of the way personal names were used during the Third Reich to achieve Hitler's homicidal vision. Importantly, the use of personal names and naming to target and annihilate victims is not a historical anomaly of World War II but a widespread sociolinguistic practice that has been demonstrated in many modern-day acts of genocide. From Rwanda to Bosnia, Berlin to Washington, when governmental controls are abridged and ethical boundaries are crossed, very quickly, something as simple as a person's name can determine who lives and who dies.

Historians long have analyzed the emergence of the "final solution of the Jewish question" primarily on the basis of German documentation, devoting much less attention to wartime Jewish perceptions of the growing threat. Jurgen Matthaus fills this critical gap by showcasing the highly insightful reports compiled during the first half of World War II by two Geneva-based offices: those of Richard Lichtheim representing the Jewish Agency for Palestine and of Gerhart Riegner's World Jewish Congress office. Since the first days of war, Lichtheim's predictions of Jewish dead ran in the millions and increased progressively with the rising tide of Nazi rule over Europe. His and Riegner's perceptions of German anti-Jewish policy resulted from shared goals and personal experiences as well as from their bureaus' range of functions and the massive problems that impacted the gathering and communicating of information on the unfolding Holocaust in German-controlled Europe. Beyond the specifics of the wartime Geneva setting, these sources show how human cognition works in times of extreme crisis and contribute to a better understanding of the potential inherent in Jewish sources for gauging perpetrator actions. The reports and contextual information featured here reflect the first narratives on the Holocaust, their emergence, evolution, and importance for post-war historiography.

Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent, and the dynamism and contingency of genocidal processes. It discusses the role of state-building, imperialism, war, and social revolution in fueling genocide, and also supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. The author explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Written in clear and lively prose with over 240 illustrations and maps, this resource remains the indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.

To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.

The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel.

Drawing on a comparative approach, this book encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

Based on a collection of statements delivered between 2003 and 2015, The Vatican in the Family of Nations provides a new understanding of the social doctrine and actions of the Catholic Church in international law and relations. These statements address contemporary issues that stir deep emotional responses, from disarmament, migrations, trade, and intellectual property to discrimination and freedom of conscience. This volume disputes irrational fears of newcomers, offers reasonable adaptations to allow for peaceful coexistence, and insists on investigating the root causes of today's conflicts and displacements. As an independent voice, the Holy See offers these reflections with the view of prioritizing the common good before confessional interests, even when their aims and ends converge. In this sense, this book is a unique collection in international literature on the intersection of theology, human rights and social issues, which opens courageous new paths for the future.

Islamic law provides a non-discretionary system of rules that governs the distribution of a Muslim's estate. Designing an estate plan based upon these rules presents unique challenges and opportunities. As the demand for faith-based planning increases, there is a growing need for culturally competent advisors who understand how these complex rules interplay with state and federal law. This first-of-its-kind practice guide serves as an authoritative resource for practitioners on how to ethically and effectively draft and administer estate plans for Muslim clients seeking to comply with their faith.

Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.

Since the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyzes the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments. This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorizing that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism.

Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin after 1933 is about the rule of law and how one government – the Third Reich in Germany – systematically undermined fair and just law through humiliation, degradation and legislation leading to expulsion of Jewish lawyers and jurists from the legal profession. This story was first told in German two decades ago and updated in 2007. With minor exceptions, the second edition of Simone Ladwig-Winters’ book has been presented in its entirety, including prefaces from the Berlin bar, the author’s insights into her research, notes and abbreviations.

Through a pointed study of an important aspect or topic of dharma in Dharmasastra, this collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part One provides a concise overview of the literary genres in which Dharmasastra was written with attentionto chronology and historical developments. This study divides the tradition into its two major historical periods - the origins and formation of the classical texts and the later genres of commentary and digest - in order to provide a thorough, but manageable overview of the textual bases of thetradition. Part Two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with salest knowledge of the debates, transformations, and fluctcating importance of each topic. Indirectly, readers will also gain insight into the ethosor worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part Three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Finally, Part Four draws inspiration from "criticalterms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.