326 books about Legal status, laws, etc and 33 start with A
326 books about Legal status, laws, etc and 33 start with A
BiblioVault ® 2001 - 2023
The University of Chicago Press
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.
Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
During the early national and antebellum eras, black leaders in New York City confronted the tenuous nature of Northern emancipation. Despite the hope of freedom, black New Yorkers faced a series of sociopolitical issues including the persistence of Southern slavery, the threat of forced removal, racial violence, and the denial of American citizenship. Even efforts to create community space within the urban landscape, such as the African Burial Ground and Seneca Village, were eventually demolished to make way for the city's rapid development. In this illuminating history, Leslie M. Alexander chronicles the growth and development of black activism in New York from the formation of the first black organization, the African Society, in 1784 to the eve of the Civil War in 1861. In this critical period, black activists sought to formulate an effective response to their unequal freedom. Examining black newspapers, speeches, and organizational records, this study documents the creation of mutual relief, religious, and political associations, which black men and women infused with African cultural traditions and values.
As Alexander reveals, conflicts over early black political strategy foreshadowed critical ideological struggles that would bedevil the black leadership for generations to come. Initially, black leaders advocated racial uplift through a sense of communalism and connection to their African heritage. Yet by the antebellum era, black activists struggled to reconcile their African identity with a growing desire to gain American citizenship. Ultimately, this battle resulted in competing agendas; while some leaders argued that the black community should dedicate themselves to moral improvement and American citizenship, others began to consider emigrating to Africa or Haiti. In the end, the black leadership resolved to assert an American identity and to expand their mission for full equality and citizenship in the United States. This decision marked a crucial turning point in black political strategy, for it signaled a new phase in the quest for racial advancement and fostered the creation of a nascent Black Nationalism.
This book explores the history of African womanhood in colonial Kenya. By focussing on key sociocultural institutions and practices around which the lives of women were organized, and on the protracted debates that surrounded these institutions and practices during the colonial period, it investigates the nature of indigenous, mission, and colonial control of African women.
The pertinent institutions and practices include the legal and cultural status of women, clitoridectomy, dowry, marriage, maternity and motherhood, and formal education. By following the effects of the all-pervasive ideological shifts that colonialism produced in the lives of women, the study investigates the diverse ways in which a woman’s personhood was enhanced, diminished, or placed in ambiguous predicaments by the consequences, intended and unintended, of colonial rule as administered by both the colonizers and the colonized. The study thus tries to historicize the reworkings of women’s lives under colonial rule. The transformations that resulted from these reworkings involved the negotiation and redefinition of the meaning of individual liberties and of women’s agency, along with the reconceptualization of kinship relations and of community.
These changes resulted in—and often resulted from—increased mobility for Kenyan women, who were enabled to cross physical, cultural, economic, social, and psychological frontiers that had been closed to them prior to colonial rule. The conclusion to which the experiences of women in colonial Kenya points again and again is that for these women, the exercise of individual agency, whether it was newly acquired or repeatedly thwarted, depended in large measure on the unleashing of forces over which no one involved had control. Over and over, women found opportunities to act amid the conflicting policies, unintended consequences, and inconsistent compromises that characterized colonial rule.
What will become of our earthly remains? What happens to our bodies during and after the various forms of cadaver disposal available? Who controls the fate of human remains? What legal and moral constraints apply? Legal scholar Norman Cantor provides a graphic, informative, and entertaining exploration of these questions. After We Die chronicles not only a corpse’s physical state but also its legal and moral status, including what rights, if any, the corpse possesses.
In a claim sure to be controversial, Cantor argues that a corpse maintains a “quasi-human status" granting it certain protected rights—both legal and moral. One of a corpse’s purported rights is to have its predecessor’s disposal choices upheld. After We Die reviews unconventional ways in which a person can extend a personal legacy via their corpse’s role in medical education, scientific research, or tissue transplantation. This underlines the importance of leaving instructions directing post-mortem disposal. Another cadaveric right is to be treated with respect and dignity. After We Die outlines the limits that “post-mortem human dignity” poses upon disposal options, particularly the use of a cadaver or its parts in educational or artistic displays.
Contemporary illustrations of these complex issues abound. In 2007, the well-publicized death of Anna Nicole Smith highlighted the passions and disputes surrounding the handling of human remains. Similarly, following the 2003 death of baseball great Ted Williams, the family in-fighting and legal proceedings surrounding the corpse’s proposed cryogenic disposal also raised contentious questions about the physical, legal, and ethical issues that emerge after we die. In the tradition of Sherwin Nuland's How We Die, Cantor carefully and sensitively addresses the post-mortem handling of human remains.
An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe.
The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan.
In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.
This book provides a comprehensive analysis of federal programs for the aging, and their origins. Landmark federal legislation affecting the aging was enacted in the 1930s, and the intervening decades have witnesses a dramatic increase in the number and scope of programs. But far from constituting a cohesive national policy for the elderly, the many programs reflect the particular political and social conditions surrounding their origin and implementation. The multiplicity and complexity of resources and services available make achieving even a reasonable grasp of this field extremely difficult. This study offers a coherent and readable summary of this important area of federal legislation.
Robert W. Kaps examines air transport labor law in the United States as well as the underlying legislative and policy directives established by the federal government. The body of legislation governing labor relations in the private sector of the U.S. economy consists of two separate and distinct acts: the Railway Labor Act (RLA), which governs labor relations in the railroad and airline industries, and the National Labor Relations Act (NLRA), which governs labor relations in all other industrial sectors.
Although the NLRA closely follows the pattern established by the RLA, Kaps notes that the two laws are distinguishable in several important areas. Labor contracts negotiated under the RLA continue in perpetuity, for example, whereas all other labor contracts expire at a specified date. Other important areas of difference relate to the collective bargaining process itself, the procedures for the arbitration of disputes and grievances, and the spheres of authority and jurisdiction to consider such matters as unfair labor practices.
Congress established a special labor law for railroad and airline workers for several reasons. Because of transportation’s critical importance to the economy, an essential goal of public policy has been to ensure that both passenger and freight transportation services continue without interruption. Production can cease—at least temporarily—in most other industries without causing significant harm to the economy. When transportation stops, however, production stops. Thus Congress saw fit to enact a statute that contained provisions to ensure that labor strife would not halt rail services. Primarily because of the importance of air mail transportation, the Railway Labor Act of 1926 was extended to the airline industry in 1936.
The first section of this book introduces labor policy and presents a history of the labor movement in the United States. Discussing early labor legislation, Kaps focuses on unfair labor practices and subsequent major labor statutes.
The second section provides readers with a comparison of labor provisions that apply to the railroad and airline industries as well as to the remainder of the economy.
The final section centers on the evolution of labor in the airline industry. The author pays particular attention to recent events affecting labor in commercial aviation, particularly the effect of airline deregulation on airline labor.
In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.
-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs.
In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well.
These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
When it comes to American Indian treaties, the American polity too often forgets the realities of history. Prevailing perceptions are often not only inaccurate but also premised on outright falsehoods. Treaty-making was profoundly influenced by tribal conceptions of diplomacy. Colonial and early U.S. treaties especially were clothed in ritual, metaphor, and covenants that emphasized the sacred nature and purpose of diplomacy and represented a time when tribal nations were equal partners. To understand the nature and meaning of tribal treaties one needs to read them and recognize their sacred pledges and meaning, which are still relevant today.
This volume examines intertribal treaties and treaty-making and provides understanding of both the agreements and the diplomatic protocols in which they were enmeshed. It summarizes colonial Indian treaty discourse, intertribal treaties and diplomacy, the different eras of ratified and unratified U.S. treaties, foreign and state treaties with Indian nations, and the Indian agreements that followed the cessation of official treaty-making. It provides extensive lists of over 1,500 Indian treaties from all tribal diplomatic eras and includes dates, participants, purposes, and references.
Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts.
American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.
Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.
“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review
“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency
How does a prison achieve institutional order while safeguarding prisoners' rights? Since the early 1960s, prison reform advocates have aggressively used the courts to extend rights and improve life for inmates, while prison administrators have been slow to alter the status quo. Litigated reform has been the most significant force in obtaining change.
An Appeal to Justice is a critical tudy of how the Texas Department of Corrections was transformed by Ruiz v. Estelle, the most sweeping class-action suit in correctional law history. Orders from federal judge William W. Justice rapidly moved the Texas system from one of the most autonomous, isolated, and paternalistic system to a more constitutional bureaucracy. In many respects the Texas experience is a microcosm of the transformation of American corrections over the second half of the twentieth century.
This is a careful account of TDC's fearful past as a plantation system, its tumultuous litigated reform, and its subsequent efforts to balance prisoner rights and prison order. Of major importance is the detailed examination of the broad stages of the reform process (and its costs and benefits) and an intimate look at prison brutality and humanity. The authors examine the terror tactics of the inmate guards, the development of prisoner gangs and widespread violence during the reforms, and the stability that eventually emerged. They also detail the change of the guard force from a relatively small, cohesive cadre dependent on discretion, personal loyalty, and physical dominance to a larger and more fragmented security staff controlled by formal procedures.
Drawing on years of research in archival sources and on hundreds of interviews with prisoners, administrators, and staff, An Appeal to Justice is a unique basis for assessing the course and consequences of prison litigation and will be valuable reading for legislators, lawyers, judges, prison administrators, and concerned citizens, as well as prison and public policy scholars.
Some say the fetus is the “tiniest citizen.” If so, then the bodies of women themselves have become political arenas—or, recent cases suggest, battlefields. A cocaine-addicted mother is convicted of drug trafficking through the umbilical cord. Women employees at a battery plant must prove infertility to keep their jobs. A terminally ill woman is forced to undergo a cesarean section. No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman’s relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman’s rights? Are they different from a man’s? And how has the state helped determine the difference? The answers, rigorously pursued throughout this book, give us a clear look into the state’s paradoxical role in gender politics—as both a challenger of injustice and an agent of social control.
In benchmark legal cases concerned with forced medical treatment, fetal protectionism in the workplace, and drug and alcohol use and abuse, Daniels shows us state power at work in the struggle between fetal rights and women’s rights. These cases raise critical questions about the impact of gender on women’s standing as citizens, and about the relationship between state power and gender inequality. Fully appreciating the difficulties of each case, the author probes the subtleties of various positions and their implications for a deeper understanding of how a woman’s reproductive capability affects her relationship to state power. In her analysis, the need to defend women’s right to self-sovereignty becomes clear, but so does the need to define further the very concepts of self-sovereignty and privacy.
The intensity of the debate over fetal rights suggests the depth of the current gender crisis and the force of the feelings of social dislocation generated by reproductive politics. Breaking through the public mythology that clouds these debates, At Women’s Expense makes a hopeful beginning toward liberating woman’s body within the body politic.
The right of same-sex couples to marry provoked decades of intense conflict before it was upheld by the U.S. Supreme Court in 2015. Yet some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the dramatic story of how an idea that once seemed unfathomable—and for many gays and lesbians undesirable—became a legal and moral right in just half a century.
Awakening begins in the 1950s, when millions of gays and lesbians were afraid to come out, let alone fight for equality. Across the social upheavals of the next two decades, a gay rights movement emerged with the rising awareness of the equal dignity of same-sex love. A cadre of LGBTQ lawyers soon began to focus on legal recognition for same-sex couples, if not yet on marriage itself. It was only after being pushed by a small set of committed lawyers and grassroots activists that established movement groups created a successful strategy to win marriage in the courts.
Marriage equality proponents then had to win over members of their own LGBTQ community who declined to make marriage a priority, while seeking to rein in others who charged ahead heedless of their carefully laid plans. All the while, they had to fight against virulent antigay opponents and capture the American center by spreading the simple message that love is love, ultimately propelling the LGBTQ community—and America—immeasurably closer to justice.
BiblioVault ® 2001 - 2023
The University of Chicago Press