At the 1768 Treaty of Fort Stanwix, the British secured the largest land cession in colonial North America. Crown representatives gained possession of an area claimed but not occupied by the Iroquois that encompassed parts of New York, Pennsylvania, Ohio, Kentucky, and West Virginia. The Iroquois, however, were far from naive--and the outcome was not an instance of their simply being dispossessed by Europeans. In "Speculators in Empire," William J. Campbell examines the diplomacy, land speculation, and empire building that led up to the treaty. His detailed study overturns common assumptions about the roles of the Iroquois and British on the eve of the American Revolution.
Through the treaty, the Iroquois directed the expansion of empire in order to serve their own needs while Crown negotiators obtained more territory than they were authorized to accept. How did this questionable transfer happen, who benefited, and at what cost? Campbell unravels complex intercultural negotiations in which colonial officials, land speculators, traders, tribes, and individual Indians pursued a variety of agendas, each side possessing considerable understanding of the other's expectations and intentions.
Historians have credited British Indian superintendent Sir William Johnson with pulling off the land grab, but Campbell shows that Johnson was only one of many players. Johnson's deputy, George Croghan, used the treaty to capitalize on a lifetime of scheming and speculation. Iroquois leaders and their peoples also benefited substantially. With keen awareness of the workings of the English legal system, they gained protection for their homelands by opening the Ohio country to settlement.
Campbell's navigation of the complexities of Native and British politics and land speculation illuminates a time when regional concerns and personal politicking would have lasting consequences for the continent. As "Speculators in Empire" shows, colonial and Native history are unavoidably entwined, and even interdependent.

Explores the culture that made military shooter video games popular, and key in understanding the War on Terror No video game genre has been more popular or more lucrative in recent years than the "military shooter." Franchises such as Call of Duty, Battlefield, and those bearing Tom Clancy's name turn over billions of dollars annually by promising to immerse players in historic and near-future battles, converting the reality of contemporary conflicts into playable, experiences. In the aftermath of 9/11, these games transformed a national crisis into fantastic and profitable adventures, where seemingly powerless spectators became solutions to these virtual Wars on Terror. Playing War provides a cultural framework for understanding the popularity of military-themed video games and their significance in the ongoing War on Terror. Matthew Payne examines post-9/11 shooter-style game design as well as gaming strategies to expose how these practices perpetuate and challenge reigning political beliefs about America's military prowess and combat policies. Far from offering simplistic escapist pleasures, these post-9/11 shooters draw on a range of nationalist mythologies, positioning the player as the virtual hero at every level. Through close readings of key games, analyses of marketing materials, and participant observations of the war gaming community, Playing War examines an industry mobilizing anxieties about terrorism and invasion to craft immersive titles that transform international strife into interactive fun.

From colonial times to the present, an insightful examination of how courts have determined the extent to which religion is accommodated in American public life. From the internationally renowned Scopes "Monkey Trial" of 1925, which pitted a public school teacher arrested for teaching evolution against the state of Tennessee, Religion on Trial chronicles key court cases that have shaped the tumultuous relationship between church and state throughout U.S. history. This volume chronicles such groundbreaking cases as the 1991 decision ordering blood transfusions for children of Christian Scientists in Norwood Hospital v. Munoz and the infamous case, Engel v. Vitale, that banned prayer in schools and ignited calls for Chief Justice Earl Warren's impeachment. The work addresses such inflammatory contemporary disputes as prayer in schools, allegiance to the flag, and the display of religious symbols on public property, and the impact they have had on American society. A-Z entries cover people, laws, events, and concepts that have shaped the legal debate over religion in the United States A chronology begins in colonial times and extends through the present, with a special focus on important court cases of the 20th century

This volume brings together an interdisciplinary group of scholars from the United States, the Middle East, and North Africa, to discuss and critically analyze the intersection of gender and human rights laws as applied to individuals of Arab descent. It seeks to raise consciousness at the intersection of gender, identity, and human rights as it relates to Arabs at home and throughout the diaspora. The context of revolution and the destabilizing impact of armed conflicts in the region are used to critique and examine the utility of human rights law to address contemporary human rights issues through extralegal strategies. To this end, the volume seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives related to gender and masculinities theories. It provides readers with new ways of understanding gender and human rights and proposes forward-looking solutions to implementing human rights norms. The goal of this book is to use the context of Arabs at home and throughout the diaspora to critique and examine the utility of human rights norms and laws to diminish human suffering with the goal of transforming the structural, social, and cultural conditions that impede access to human rights. This book will be of interest to a diverse audience of scholars, students, public policy researchers, lawyers and the educated public interested in the fields of human rights law, international studies, gender politics, migration and diaspora, and Middle East and North African politics.

Media and Entertainment Law is a fast growing sector of practice in the EC, and in the UK in particular. The emergence of multi-media law has raised a large number of novel conceptual and practical difficulties for lawyers specialising in the area. The Yearbook is designed to respond to these practical difficulties while also making a serious contribution to media law as an area of serious academic study. It contains high quality analyses of topical issues, as well as thorough surveys of key areas of practice. Up to date and informative, the Yearbook is now well-established as a key source of information and analysis for all media and entertainment law professionals.

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years.

Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid.

Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds.

This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy.

With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790.

The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.

This book provides a comprehensive overview of the development of educational policies and legislation in China, particularly following the introduction of Reform and Opening Up in 1978. The scope of this book: (1) provides the theoretical basis and framework of educational policies; (2) explains key educational laws and legislation; and (3) introduces readers to policies for educational internationalization, private education, lifelong learning and teacher education. The book is intended for researchers, teachers and graduate students in the field of comparative education, educational policy and legislation, educational management. Readers will find essential information on the most important educational laws and legislation, as well as the recent characteristics of and trends in educational policies in China.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.

View the Table of Contents. Read Chapter 1.

aJackson is at his best when exposing the connections of leading racialists with former Nazi party members and Holocaust-denial groups.a
--"Journal of American Ethnic History"

aA well-researched and well-argued book....Jackson underscored the nexus of asciencea and arace, a probes the ademarcation between science and politics, a and questions the very meaning of aobjectivea scientific inquiry.a
--"Historian"

aScience for Segregation adds considerably to our understanding of racist ideologies and their persistance in the post-war era. The author has done an admirable job of covering a forgotten chapter in the struggle over segregation and shedding light on how scientific research can become highly politicized.a
--"Journal of American History"

"This book asks if science can be divorced from politics. . . . Recommended."
--"Choice"

aA fascinating and comprehensive look at a largely neglected aspect of American history--the role of science and scientists in supporting and sustaining white racist thought and institutions during the battle over de-segregation. And like most good social history, it does not require much strain to draw the relevance to today's debates about the salience of biological taxonomies of race.a
--Troy Duster, author of "Backdoor to Eugenics"

aA very important book that explores the fuzzy zone between science and pseudo-science, exposing the political action of right-wing scientists in the 1950s and 1960s who argued for school segregation on ostensibly scientific grounds. The role of science as an authority in society has never been more evident than in the work and rhetoric of these zealouslyracist scholars. This well-researched book is a must-read for anyone interested in modern debates over the study of human diversity or the role of science in contemporary society.a
--Jonathan Marks, author of "What It Means to Be 98% Chimpanzee: Apes, People, and Their Genes"

aA deeply-researched, fascinating, and judicious assessment of the ascientifica arguments that were marshaled against the Supreme Courtas landmark school desegregation decision. Jackson has made a contribution that will endure.a
--Raymond Wolters, author of "Du Bois and His Rivals"

aJacksonas thorough research and a nuanced understanding of the complexities of race and law provide a disturbing cadence to the ongoing debate on race in America.a
--"Multicultural Review"

In this fascinating examination of the intriguing but understudied period following the landmark "Brown v. Board of Education" decision, John Jackson examines the scientific case aimed at dismantling the legislation.

Offering a trenchant assessment of the so-called scientific evidence, Jackson focuses on the 1959 formation of the International Society for the Advancement of Ethnology and Eugenics (IAAEE), whose expressed function was to objectively investigate racial differences and publicize their findings. Notable figures included Carleton Putnam, Wesley Critz George, and Carleton Coon. In an attempt to link race, eugenics and intelligence, they launched legal challenges to the Brown ruling, each chronicled here, that went to trial but ultimately failed.

The history Jackson presents speaks volumes about the legacy of racism, as we can see similar arguments alive and well today in such books as "The Bell Curve" and in otherdebates on race, science, and intelligence. With meticulous research and a nuanced understanding of the complexities of race and law, Jackson tells a disturbing tale about race in America.

Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk.

This fifth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator’s duty of care and the administrative aspects of school management.

Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being “among the highest in the international community” and “a must for … scholars throughout the world with an interest in comparative education law” by American academics.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

Prior to the 1950s, it was remarkably easy for police to arrest people for a wide variety of activities performed in the streets. Throughout the country, vagrancy laws were far-reaching and pervasive. Yet by the end of the 1960s, streets across America hosted both massive political protests and a cultural revolution that reshaped not only the nation's public spaces, but more broadly its public life. For the era or against it, virtually all agreed that America after the 1960s was starkly different than before it. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking explanation of the transformation. Focusing on Court decisions that loosened vagrancy laws and opened up the streets to Americans in all their variety, she shows how legal change helped fuel highly public social movements advocating everything from civil rights to peace to gay rights to cultural revolution. Indeed, increased access to the streets increased their public presence and thereby social power. The book is a brilliant example of how a seemingly small event -alteratations to the relatively minor crime of vagrancy-can contribute to a social revolution. Not only that, Goluboff powerfully demonstrates how the courts can advance social change-make history, so to speak. The vagrancy laws were that were on the books virtually everywhere in the 1950s served as a catchall device for police forces intent on establishing public order; you could be arrested for everything from causing a disturbance to behaving in a way contrary to the norm-fraternizing with a member of another race, for example, or publically preaching non-mainstream beliefs like communism. Given the very fluid interpretation of vagrancy, police inevitably abused it to the point where they could arrest almost any "nonconforming" person. Once the Supreme Court began invalidating these laws, it opened up public space to any manner of dissenter or nonconformist: hippies, war protestors, civil rights activists, interracial couples, gays, and, of course, vagrants-all the people occupying spaces previously off-limits to them. Goluboff's account is not just a investigation of the relationship between law and social change, however. It is also a ground-up history-from Skid Row to the Supreme Court-of the culture wars between the New Left and New Right. The results of these battles are abundantly evident today in both positive ways-like the increased openness to all in America's public spaces-and negative ways-especially the explosion of homelessness afterward. In sum, she shows that major societal changes can result not only from big waves, but from seeming ripples too.

The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.

"Medical Negligence in Victorian Britain "is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This offers a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time. The administration of medical care reveals latent failures that were intricately woven into the duties of a medical officer and underscored by the law that governed his workload; however, medical negligence was also a motor for change and a means for permanent officials of the poor law to instil policy in an otherwise contested landscape of localised poor law politics. This book offers a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, this important book uses extensive new archive material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. The result is a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.""

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.