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Books > Law > Jurisprudence & general issues > Legal history
As American Indian tribes seek to overcome centuries of political
and social marginalization, they face daunting obstacles. The
successes of some tribal casinos have lured many outside observers
into thinking that gambling revenue alone can somehow mend the
devastation of culture, community, natural resources, and sacred
spaces. The reality is quite different. Most tribal officials
operate with meager resources and serve impoverished communities
with stark political disadvantages. Yet we find examples of Indian
tribes persuading states, localities, and the federal government to
pursue policy change that addresses important tribal concerns. How
is it that Indian tribes sometimes succeed against very dim
prospects?
In Power from Powerlessness, Laura Evans looks at the successful
policy interventions by a range of American Indian tribal
governments and explains how disadvantaged groups can exploit
niches in the institutional framework of American federalism to
obtain unlikely victories. Tribes have also been adept at building
productive relationships with governmental authorities at all
levels. Admittedly, many of the tribes' victories are small when
viewed on their own: reaching cooperative agreements on trash
collection with municipalities and successfully challenging other
localities for more control over fisheries and waterway management.
However, Evans shows that in combination, their victories are
impressive-particularly when considering that the poverty rate
among American Indians on reservations is 39 percent. Not simply a
book about American Indian politics, Power from Powerlessness
forces scholars of institutions and inequality to reconsider the
commonly held view that the less powerful are in fact powerless.
This is a study of a progressive law firm and its three partners.
The firm was founded in 1936 and existed until the death of one
partner in 1965. The partners were harassed by the FBI primarily
for defending labor union members and leaders and the defense of
both. The firm's primary client was Harry Bridges, the long term
President on the International Longshoreman's and Warehouseman's
Union (ILWU). The irony was that the more the FBI persecuted labor
unions, the more business the firm had from those harassed by the
FBI. During this time the FBI was primarily interested in
controlling the Communist Party. While the clients of the firm were
sometimes Communists, the law partners were not Communist Party
members. In both of these ways the FBI was wasting its time in
persecuting this firm. Although the primary data used involved
existing records (for example all of the partners had extensive FBI
files), we also interviewed colleagues and relatives of the
partners.
This book focuses on Anglo-American disputes arising out of the
civil war in the United States and British interests in the
American continent: the Geneva Arbitration, the Venezuela-Guiana
Arbitration and the Bhering Sea Arbitration. It draws on those
cases as model proceedings which laid the foundations and
inspiration for a promotion of international law through the Hague
Conferences and by the work of English and American jurists. It
considers the encouragement these cases gave to the promotion of
public international law and how that contributed to the resolution
of inter-state disputes.
The Dred Scott suit for freedom, argues Kelly M. Kennington, was
merely the most famous example of a phenomenon that was more
widespread in antebellum American jurisprudence than is generally
recognized. The author draws on the case files of more than three
hundred enslaved individuals who, like Dred Scott and his family,
sued for freedom in the local legal arena of St. Louis. Her
findings open new perspectives on the legal culture of slavery and
the negotiated processes involved in freedom suits. As a gateway to
the American West, a major port on both the Mississippi and
Missouri Rivers, and a focal point in the rancorous national debate
over slavery's expansion, St. Louis was an ideal place for enslaved
individuals to challenge the legal systems and, by extension, the
social systems that held them in forced servitude. Kennington
offers an in-depth look at how daily interactions, webs of
relationships, and arguments presented in court shaped and reshaped
legal debates and public at titudes over slavery and freedom in St.
Louis. Kennington also surveys more than eight hundred state
supreme court freedom suits from around the United States to
situate the St. Louis example in a broader context. Although white
enslavers dominated the antebellum legal system in St. Louis and
throughout the slaveholding states, that fact did not mean that the
system ignored the concerns of the subordinated groups who made up
the bulk of the American population. By looking at a particular
example of one group's encounters with the law and placing these
suits into conversation with similar en counters that arose in
appellate cases nationwide Kennington sheds light on the ways in
which the law responded to the demands of a variety of actors.
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