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The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue - slavery - but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the Court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the Court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order - all at the same time. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Congressional Roll Call 2013 is the definitive reference source of congressional voting information. Its objective and authoritative approach presents a member-by-member survey and analysis of every roll call vote taken in the House and Senate during 2013.
Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with "green cards," have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel-a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are "sentenced home" to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about the complexities of the issues and argues for the interdisciplinary dialogue and response. Over the course of the book, deportation policy is debated by lawyers, judges, social workers, researchers, and clinical and community psychologists as well as educators, researchers, and community activists. The New Deportations Delirium presents a fresh conversation and urges a holistic response to the complex realities facing not only migrants but also the wider U.S. society in which they have sought a better life.
In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these crossnational differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human rights perspectives. Contributors consider the special circumstances of non-citizens, such as refugees, migrants, and displaced and stateless persons, and assess whether, conceptually and practically, 'human security' helps to address the multiple challenges they face.
How can countries verify compliance with the Comprehensive Nuclear-Test-Ban Treaty (CTBT) and detect and deter violations? It is in their interest to increase their verification readiness because the assessment of compliance with the treaty rests with states parties to the CTBT. The treaty provides countries with two verification elements: an international system of monitoring stations, and an on-site inspection regime. The monitoring system can detect nuclear explosions underground, in the atmosphere and under water. This book provides incentives to nations around the world on how they can organize their efforts to verify compliance with the CTBT and how they can collaborate with other countries, perhaps on a regional basis, to monitor areas of concern. Such focused efforts can improve their detection and deterrence capabilities through precision monitoring.
The book addresses the CTBT verification from the perspective of countries. It shows how they can create the essential tools for the assessment of the large amounts of data available from the verification regime and other sources, including observations from satellites and thousands of stations outside of the treaty regime. Countries can also use current scientific and technological developments to assist them in verifying compliance with the treaty. The book offers political and scientific analysis on the evolution of the treaty over the years.
The book is intended for professionals in the political, diplomatic, scientific and military fields who deal with international security, non-proliferation and arms control. It is also intended for non-governmental organizations and journalists seeking a better understanding of the nuclear test ban issue and how states can verify compliance with the treaty.
Shooting Niagara And After? is a wide-ranging examination of Britain s Second Reform Act of 1867 and its impact, which doubled the electorate and propelled the country into the age of mass politics. * Discusses the political world that the Second Reform Act created, as well as the intellectual forces which brought it into being * Addresses issues and perspectives related to political history, imperial history, Irish history, the history of childhood, popular protest, political thought, class, age, and gender * Contains contributions from distinguished scholars, such as Malcolm Chase, Kathryn Gleadle, Jonathan Parry and Gareth Stedman Jones, as well as from younger and emerging scholars * Coincides with the 150th anniversary of the passing of the Second Reform Act, a landmark in the history of British democracy
In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"-a mode of thinking and writing that repositions land and sea-Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
In the United States more than thirty thousand deaths each year can be attributed to firearms. This book on the history of guns in America examines the Second Amendment and the laws and court cases it has spawned. The author's thorough and objective account shows the complexities of the issue, which are so often reduced to bumper-sticker slogans, and suggests ways in which gun violence in this country can be reduced. Briggs profiles not only protagonists in the national gun debate but also ordinary people, showing the ways guns have become part of the lives of many Americans. Among them are gays and lesbians, women, competitive trapshooters, people in the gun-rights and gun-control trenches, the NRA's first female president, and the most successful gunsmith in American history. Balanced and painstakingly unbiased, Briggs's account provides the background needed to follow gun politics in America and to understand the gun culture in which we are likely to live for the foreseeable future.
The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.
Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Bailey, Jones & Mowbray#s Cases, Materials and Commentary on Administrative Law links up an extensive collection of cases, statutes and government materials with commentary and notes that clarify thelaw and put it into context, allowing the reader a wider view of the law than a standard textbook provides. With the help of Notes, End of Chapter Summaries and Questions we open up Administrative Law allowing for a deeper understanding of the area.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there-claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.
View the Table of Contents. Read the Introduction.
aBrings together some of Americaas brightest legal minds to make
the best arguments available for and against the constitutional
right to abortion. An exceptional volume and essential for anyone
who wants to understand the constitutional debate about
"The interest of the whole lies precisely in its depiction
within a single volume of where the debate stands."
"Reading Jack Balkin's edited book, "What Roe v. Wade Should
Have Said," conjures up thoughts in the reader, like 'darn, I wish
I had thought of that.'"
aThis array of intelligent and serious alternatives to the
Court's stunningly inadequate opinion in "Roe v. Wade" asome
reaching the same, some the opposite conclusion, some in between
ais the most convincing argument against any litmus test on this
subject either way for future Supreme Court Justices.a
"Whatever beliefs you may hold concerning these issues, you will
find those beliefs subjected to thoughtful--even
passionate--challenge in at least one of these opinions."
""What Roe v. Wade Should Have Said" provides vigorous and
diverse substitute opinions by leading scholars that broaden,
deepen, and improve the current debates while sharpening what a
supreme court can and cannot do on such a highly disputed
"In an era in which it's entirely possible that someone else is
actually going to get to reimagine what"Roe v. Wade" should have
said, this book is an interesting fantasy excercise."
In January 1973, the Supreme Court's opinion in "Roe v. Wade" struck down most of the country's abortion laws, and held for the first time that women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society.
In "What Roe v. Wade Should Have Said," eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to "Roe v. Wade," chronicling the history of the "Roe" litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today.
Contributing their versions of "Roe" are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a role that can no longer be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public's responsibility. One route the Constitution provides for discharging that duty-a route rarely traveled-is impeachment. Cass R. Sunstein provides a succinct citizens' guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers' controversial decision to install an empowered executive in a nation deeply fearful of kings. With an eye toward the past and the future, Impeachment: A Citizen's Guide considers a host of actual and imaginable arguments for a president's removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
In the 2015 UK General Election, the Conservative party pledged to reset the UK's relations with Europe, holding an in-out referendum on membership of the European Union and repealing the Human Rights Act, to be replaced with a UK Bill of Rights. With the decision now taken to leave the EU, the future of the Human Rights Act and the UK's relations to the European Convention on Human Rights remains uncertain. Conor Gearty, one of the country's leading experts on human rights, here dissects the myths and fantasies that drive English exceptionalism over Europe, and shape the case for repealing the Human Rights Act. He presents a passionate case for keeping the existing legal framework for protecting human rights and our relationship with the European Convention. Analysing the reform agenda from the perspective of British law, history, politics, and culture, he lays bare the misunderstandings of the human rights system that have driven the debate so far. Structured in three parts, the book first exposes the myths that drive the anti-Human Rights Act argument. Second, Gearty outlines how the Act operates in practice and what its impact really is on the ground. Third, he looks to the future and the kind of Britain we want to live in, and how, for all its modesty, the survival or otherwise of the Human Rights Act will play a pivotal part in that future.
The New York Times bestselling author of The Case for Impeachment reveals the founders' biggest mistake-leaving voting rights to the discretion of individual states-and shows that gerrymandering and voter suppression have a long history. "[An] important book... [Lichtman] uses history to contextualize the fix we're in today. Each party gropes for advantage by fiddling with the franchise... Growing outrage, he thinks, could ignite demands for change. With luck, this fine history might just help to fan the flame." -New York Times Book Review Americans have fought and died for the right to vote. Yet the world's oldest continuously operating democracy guarantees no one, not even its citizens, the right to elect its leaders. For most of U.S. history, suffrage has been a privilege restricted by wealth, sex, race, residence, literacy, criminal conviction, and citizenship. Economic qualifications were finally eliminated in the nineteenth century, but the ideal of a white man's republic persisted long after that. Today, voter identification laws, registration requirements, felon disenfranchisement, and voter purges deny many millions of American citizens the opportunity to express their views at the ballot box. An award-winning historian who has testified in more than ninety voting rights cases, Allan Lichtman gives us the deep history behind today's headlines and shows that calls of voter fraud, political gerrymandering and outrageous attempts at voter suppression are nothing new. The players and the tactics have changed-we don't outright ban people from voting anymore-but the battle and the stakes remain just as high.
At publication date, a free ebook version of this title will be available through Luminos, the UC Press open access publishing program. Visit www.luminosoa.org to learn more. Protect, Serve, and Deport exposes the on-the-ground workings of local immigration enforcement in Nashville, Tennessee. Between 2007 and 2012, Nashville's local jail participated in an immigration enforcement program called 287(g), which turned jail employees into immigration officers who identified over ten thousand removable immigrants for deportation. The vast majority of those identified for removal were not serious criminals, but Latino residents arrested by local police for minor violations. Protect, Serve, and Deport explains how local politics, state laws, institutional policies, and police practices work together to deliver immigrants into an expanding federal deportation system, conveying powerful messages about race, citizenship, and belonging.
Torture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity--theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one's own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture's complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
The Defamation Act constitutes a significant overhaul of UK defamation legislation, which follows years of concern about the detrimental effects that preceeding libel laws had on freedom of expression, and the extent to which the jurisdiction had become a magnet for libel claimants. This new Blackstone's Guide combines the full text of the Act and extracts of related relevant legislation with an expert narrative. It brings practitioners up-to-date with this complex piece of drafting. Its clear and practical layout make it the ideal reference source for anyone working in the area. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. First published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a full copy of the Act itself. They provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
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