Your browser does not support JavaScript!
UC Press E-Books Collection, 1982-2004
formerly eScholarship Editions
University of California Press logo California Digital Library logo
Home  Home spacer Search  Search spacer Browse  Browse
spacer   spacer
Bookbag  Bookbag spacer About Us  About Us spacer Help  Help
 
Your search for 'American Studies' in subject found 234 book(s).
Modify Search Displaying 121 - 140 of 234 book(s)
Sort by:Show: 
Page: Prev  ...  6 7 8 9 10   ...  Next

121. cover
Title: The lustre of our country: the American experience of religious freedom
Author: Noonan, John Thomas 1926-
Published: University of California Press,  1998
Subjects: Law | United States History | Religion | American  Studies | Politics
Publisher's Description: A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world.Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law.Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law - he discusses abolition, temperance, and civil rights - and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom - a personal and profound statement on what the author considers America's greatest moral contribution to the world.   [brief]
Similar Items
122. cover
Title: Magic lands: western cityscapes and American culture after 1940
Author: Findlay, John M 1955-
Published: University of California Press,  1992
Subjects: History | United States History | California and the West | American  Studies | Urban Studies | Californian and Western History
Publisher's Description: The American West conjures up images of pastoral tranquility and wide open spaces, but by 1970 the Far West was the most urbanized section of the country. Exploring four intriguing cityscapes - Disneyland, Stanford Industrial Park, Sun City, and the 1962 Seattle World's Fair - John Findlay shows how each created a sense of cohesion and sustained people's belief in their superior urban environment. This first book-length study of the urban West after 1940 argues that Westerners deliberately tried to build cities that differed radically from their eastern counterparts.In 1954, Walt Disney began building the world's first theme park, using Hollywood's movie-making techniques. The creators of Stanford Industrial Park were more hesitant in their approach to a conceptually organized environment, but by the mid-1960s the Park was the nation's prototypical "research park" and the intellectual downtown for the high-technology region that became Silicon Valley.In 1960, on the outskirts of Phoenix, Del E. Webb built Sun City, the largest, most influential retirement community in the United States. Another innovative cityscape arose from the 1962 Seattle World's Fair and provided a futuristic, somewhat fanciful vision of modern life.These four became "magic lands" that provided an antidote to the apparent chaos of their respective urban milieus. Exemplars of a new lifestyle, they are landmarks on the changing cultural landscape of postwar America.   [brief]
Similar Items
123. cover
Title: Making sweatshops: the globalization of the U.S. apparel industry
Author: Rosen, Ellen Israel
Published: University of California Press,  2002
Subjects: American  Studies | Sociology | Anthropology | Politics | Labor Studies
Publisher's Description: The only comprehensive historical analysis of the globalization of the U.S. apparel industry, this book focuses on the reemergence of sweatshops in the United States and the growth of new ones abroad. Ellen Israel Rosen, who has spent more than a decade investigating the problems of America's domestic apparel workers, now probes the shifts in trade policy and global economics that have spawned momentous changes in the international apparel and textile trade. Making Sweatshops asks whether the process of globalization can be promoted in ways that blend industrialization and economic development in both poor and rich countries with concerns for social and economic justice - especially for the women who toil in the industry's low-wage sites around the world. Rosen looks closely at the role trade policy has played in globalization in this industry. She traces the history of current policies toward the textile and apparel trade to cold war politics and the reconstruction of the Pacific Rim economies after World War II. Her narrative takes us through the rise of protectionism and the subsequent dismantling of trade protection during the Reagan era to the passage of NAFTA and the continued push for trade accords through the WTO. Going beyond purely economic factors, this valuable study elaborates the full historical and political context in which the globalization of textiles and apparel has taken place. Rosen takes a critical look at the promises of prosperity, both in the U.S. and in developing countries, made by advocates for the global expansion of these industries. She offers evidence to suggest that this process may inevitably create new and more extreme forms of poverty.   [brief]
Similar Items
124. cover
Title: Material girls: making sense of feminist cultural theory
Author: Walters, Suzanna Danuta
Published: University of California Press,  1995
Subjects: Gender Studies | Sociology | Women's Studies | American  Studies | Politics | Media Studies
Publisher's Description: Madonna, Murphy Brown, Thelma and Louise: These much-discussed media icons are the starting points of Suzanna Walter's brilliant, much-needed introduction to feminist cultural theory. Accessible yet theoretically sophisticated, up-to-date and entertaining, Material Girls acquaints readers with the major theories, debates, and concepts in this new and exciting field.With numerous case studies and illustrations, Walters situates feminist cultural theory against the background of the women's movement and media studies. Using examples from film, television, advertising, and popular discourse, she looks at topics such as the "male gaze," narrative theory, and new work on female "ways of seeing" and spectatorship. Throughout, Walters provides a historically grounded account of representations of women in popular culture while critiquing the dominance of psychoanalytic and postmodern analyses.The first comprehensive guide to the approaches and debates that make up this growing field, Material Girls belongs on the shelf of every cultural critic and savvy student today.   [brief]
Similar Items
125. cover
Title: Melville's anatomies
Author: Otter, Samuel 1956-
Published: University of California Press,  1999
Subjects: American  Studies | American Literature | United States History
Publisher's Description: In fascinating new contextual readings of four of Herman Melville's novels - Typee , White-Jacket, Moby-Dick , and Pierre - Samuel Otter delves into Melville's exorbitant prose to show how he anatomizes ideology, making it palpable and strange. Otter portrays Melville as deeply concerned with issues of race, the body, gender, sentiment, and national identity. He articulates a range of contemporary texts (narratives of travelers, seamen, and slaves; racial and aesthetic treatises; fiction; poetry; and essays) in order to flesh out Melville's discursive world.Otter presents Melville's works as "inside narratives" offering material analyses of consciousness. Chapters center on the tattooed faces in Typee , the flogged bodies in White-Jacket , the scrutinized heads in Moby-Dick , and the desiring eyes and eloquent, constricted hearts of Pierre . Otter shows how Melville's books tell of the epic quest to know the secrets of the human body. Rather than dismiss contemporary beliefs about race, self, and nation, Melville inhabits them, acknowledging their appeal and examining their sway.Meticulously researched and brilliantly argued, this groundbreaking study links Melville's words to his world and presses the relations between discourse and ideology. It will deeply influence all future studies of Melville and his work.   [brief]
Similar Items
126. cover
Title: Mexican ballads, Chicano poems: history and influence in Mexican-American social poetry online access is available to everyone
Author: Limón, José Eduardo
Published: University of California Press,  1992
Subjects: Literature | Literary Theory and Criticism | American Literature | American  Studies | Latin American History | Folklore and Mythology
Publisher's Description: Mexican Ballads, Chicano Poems combines literary theory with the personal engagement of a prominent Chicano scholar. Recalling his experiences as a student in Texas, José Limón examines the politically motivated Chicano poetry of the 60s and 70s. He bases his analyses on Harold Bloom's theories of literary influence but takes Bloom into the socio-political realm. Limón shows how Chicano poetry is nourished by the oral tradition of the Mexican corrido , or master ballad, which was a vital part of artistic and political life along the Mexican-U.S. border from 1890 to 1930.Limón's use of Bloom, as well as of Marxist critics Raymond Williams and Fredric Jameson, brings Chicano literature into the arena of contemporary literary theory. By focusing on an important but little-studied poetic tradition, his book challenges our ideas of the American canon and extends the reach of Hispanists and folklorists as well.   [brief]
Similar Items
127. cover
Title: MeXicana encounters: the making of social identities on the borderlands
Author: Fregoso, Rosa Linda
Published: University of California Press,  2003
Subjects: Sociology | Chicano Studies | California and the West | Film | Women's Studies | Literary Theory and Criticism | Latin American Studies | American  Studies
Publisher's Description: meXicana Encounters charts the dynamic and contradictory representation of Mexicanas and Chicanas in culture. Rosa Linda Fregoso's deft analysis of the cultural practices and symbolic forms that shape social identities takes her across a wide and varied terrain. Among the subjects she considers are the recent murders and disappearances of women in Ciudad Juárez; transborder feminist texts that deal with private, domestic forms of violence; how films like John Sayles's Lone Star re-center white masculinity; and the significance of la familia to the identity of Chicanas/os and how it can subordinate gender and sexuality to masculinity and heterosexual roles. Fregoso's self-reflexive approach to cultural politics embraces the movement for social justice and offers new insights into the ways that racial and gender differences are inscribed in cultural practices.   [brief]
Similar Items
128. cover
Title: Mind games: American culture and the birth of psychotherapy online access is available to everyone
Author: Caplan, Eric 1962-
Published: University of California Press,  1998
Subjects: History | United States History | American  Studies | Science | History and Philosophy of Science
Publisher's Description: Eric Caplan's fascinating exploration of Victorian culture in the United States shatters the myth of Freud's seminal role in the creation of American psychotherapy. Resurrecting the long-buried "prehistory" of American mental therapeutics, Mind Games tells the remarkable story of how a widely assorted group of actors - none of them hailing from Vienna or from any other European city - compelled a reluctant medical profession to accept a new role for the mind in medicine. By the time Freud first set foot on American soil in 1909, as Caplan demonstrates, psychotherapy was already integrally woven into the fabric of American culture and medicine.What came to be known as psychotherapy emerged in the face of considerable opposition, much - indeed most - of which was generated by the medical profession itself. Caplan examines the contentious interplay within the American medical community, as well as between American physicians and their lay rivals, who included faith-healers, mind-curists, Christian Scientists, and Protestant ministers. These early practitioners of alternative medicine ultimately laid the groundwork for a distinctive and much heralded American type of psychotherapy. Its grudging acceptance by both medical elites and rank and file physicians signified their understanding that reliance on physical therapies to treat nervous and mental symptoms compromised their capacity to treat - and compete - effectively in a rapidly expanding mental-medical marketplace. Mind Games shows how psychotherapy came to occupy its central position in mainstream American culture.   [brief]
Similar Items
129. cover
Title: The missing Spanish creoles: recovering the birth of plantation contact languages
Author: McWhorter, John H
Published: University of California Press,  2000
Subjects: Language and Linguistics | Linguistic Theory | African Studies | American  Studies
Publisher's Description: John McWhorter challenges an enduring paradigm among linguists in this provocative exploration of the origins of plantation creoles. Using a wealth of data--linguistic, sociolinguistic, historical--he proposes that the "limited access model" of creole genesis is seriously flawed. That model maintains that plantation creole languages emerged because African slaves greatly outnumbered whites on colonial plantations. Having little access to the slaveholders' European languages, the slaves were forced to build a new language from what fragments they did acquire. Not so, says McWhorter, who posits that plantation creole originated in West African trade settlements, in interactions between white traders and slaves, some of whom were eventually transported overseas. The evidence that most New World creoles were imports traceable to West Africa strongly suggests that the well-established limited access model for plantation creole needs revision. In forcing a reexamination of this basic tenet, McWhorter's book will undoubtedly cause controversy. At the same time, it makes available a vast amount of data that will be a valuable resource for further explorations of genesis theory.   [brief]
Similar Items
130. cover
Title: Mobilizing against nuclear energy: a comparison of Germany and the United States
Author: Joppke, Christian
Published: University of California Press,  1993
Subjects: Politics | Environmental Studies | German Studies | American  Studies | Sociology
Publisher's Description: In the past two decades young people, environmentalists, church activists, leftists, and others have mobilized against nuclear energy. Anti-nuclear protest has been especially widespread and vocal in Western Europe and the United States. In this lucid, richly documented book, Christian Joppke compares the rise and fall of these protest movements in Germany and the United States, illuminating the relationship between national political structures and collective action. He analyzes existing approaches to the study of social movements and suggests an insightful new paradigm for research in this area. Joppke proposes a political process perspective that focuses on the interrelationship between the state and social movements, a model that takes into account a variety of forces, including differential state structures, political cultures, movement organizations, and temporal and contextual factors.This is an invaluable work for anyone studying the dynamics of social movements around the world.   [brief]
Similar Items
131. cover
Title: The morning after: sexual politics at the end of the Cold War
Author: Enloe, Cynthia H 1938-
Published: University of California Press,  1993
Subjects: Gender Studies | GayLesbian and Bisexual Studies | American  Studies | Sociology | Politics
Publisher's Description: Cynthia Enloe's riveting new book looks at the end of the Cold War and places women at the center of international politics. Focusing on the relationship between the politics of sexuality and the politics of militarism, Enloe charts the changing definitions of gender roles, sexuality, and militarism at the end of the twentieth century.In the gray dawn of this new era, Enloe finds that the politics of sexuality have already shifted irrevocably. Women glimpse the possibilities of democratization and demilitarization within what is still a largely patriarchal world. New opportunities for greater freedom are seen in emerging social movements - gays fighting for their place in the American military, Filipina servants rallying for their rights in Saudi Arabia, Danish women organizing against the European Community's Maastricht treaty. Enloe also documents the ongoing assaults against women as newly emerging nationalist movements serve to reestablish the privileges of masculinity.The voices of real women are heard in this book. They reach across cultures, showing the interconnections between military networks, jobs, domestic life, and international politics. The Morning After will spark new ways of thinking about the complexities of the post-Cold War period, and it will bring contemporary sexual politics into the clear light of day as no other book has done.   [brief]
Similar Items
132. cover
Title: The most beautiful girl in the world: beauty pageants and national identity
Author: Banet-Weiser, Sarah 1966-
Published: University of California Press,  1999
Subjects: Gender Studies | Women's Studies | American  Studies | Sociology
Publisher's Description: Sarah Banet-Weiser complicates the standard feminist take on beauty pageants in this intriguing look at a hotly contested but enduringly popular American ritual. She focuses on the Miss America pageant in particular, considering its claim to be an accurate representation of the diversity of contemporary American women. Exploring the cultural constructions and legitimations that go on during the long process of the pageant, Banet-Weiser depicts the beauty pageant stage as a place where concerns about national identity, cultural hopes and desires, and anxieties about race and gender are crystallized and condensed. The beauty pageant, she convincingly demonstrates, is a profoundly political arena deserving of serious study.Drawing on cultural criticism, ethnographic research, and interviews with pageant participants and officials, The Most Beautiful Girl in the World illustrates how contestants invent and reinvent themselves while articulating the female body as a national body. Banet-Weiser finds that most pageants are characterized by the ambivalence of contemporary "liberal" feminism, which encourages individual achievement, self-determination, and civic responsibility, while simultaneously promoting very conventional notions of beauty. The book explores the many different aspects of the Miss America pageant, including the swimsuit, the interview, and the talent competitions. It also takes a closer look at some extraordinary Miss Americas, such as Bess Myerson, the first Jewish Miss America; Vanessa Williams, the first African American Miss America; and Heather Whitestone, the first Miss America with a disability.   [brief]
Similar Items
133. cover
Title: Mother without child: contemporary fiction and the crisis of motherhood online access is available to everyone
Author: Hansen, Elaine Tuttle 1947-
Published: University of California Press,  1997
Subjects: Gender Studies | Literature | GayLesbian and Bisexual Studies | Women's Studies | American Literature | Ethnic Studies | American  Studies | Literary Theory and Criticism
Publisher's Description: Revealing the maternal as not a core identity but a site of profound psychic and social division, Hansen illuminates recent decades of feminist thought and explores novels by Jane Rule, Alice Walker, Louise Erdrich and Michael Dorris, Marge Piercy, Margaret Atwood, and Fay Weldon. Unlike traditional stories of abandoned children and bad mothers, these narratives refuse to sentimentalize motherhood's losses and impasses. Hansen embraces the larger cultural story of what it means to be a mother and illuminates how motherhood is being reimagined today.   [brief]
Similar Items
134. cover
Title: Movies as politics
Author: Rosenbaum, Jonathan
Published: University of California Press,  1997
Subjects: Cinema and Performance Arts | Film | American  Studies | Gender Studies
Publisher's Description: In this new collection of reviews and essays, Jonathan Rosenbaum focuses on the political and social dynamics of the contemporary movie scene. Rosenbaum, widely regarded as the most gifted contemporary American commentator on the cinema, explores the many links between film and our ideological identities as individuals and as a society. Readers will find revealing examinations of, for example, racial stereotyping in the debates surrounding Do the Right Thing , key films from Africa, China, Japan, and Taiwan, Hollywood musicals and French serials, and the cultural amnesia accompanying cinematic treatments of the Russian Revolution, the civil rights movement, and the Vietnam War. From Schindler's List, Star Wars, Pulp Fiction, Forrest Gump, The Piano , and Ace Ventura: Pet Detective to the maverick careers of Orson Welles, Jacques Tati, Nicholas Ray, Chantal Akerman, Todd Haynes, and Andrei Tarkovsky, Rosenbaum offers a polemically pointed survey that makes clear the high stakes involved in every aspect of filmmaking and filmgoing.   [brief]
Similar Items
135. cover
Title: Murder in New York City
Author: Monkkonen, Eric H 1942-
Published: University of California Press,  2001
Subjects: American  Studies | Psychology | Criminology | United States History
Publisher's Description: Murder in New York City dramatically expands what we know about urban homicide, and challenges some of the things we think we know. Eric Monkkonen's unprecedented investigation covers two centuries of murder in America's biggest city, combining newly assembled statistical evidence with many other documentary sources to tease out the story behind the figures. As we generally believe, the last part of the twentieth century was unusually violent, but there have been other high-violence eras as well: the late 1920s and the mid-nineteenth century, the latter because the absence of high-quality weapons and ammunition makes that era's stabbings and beatings seem almost more vicious. Monkkonen's long view allows us to look back to a time when guns were rarer, when poverty was more widespread, and when racial discrimination was more intense, and to ask what difference these things made. With many vivid case studies for illustration, he examines the crucial factors in killing through the years: the weapons of choice, the sex and age of offenders and victims, the circumstances and settings in which homicide tends to occur, and the race and ethnicity of murderers and their victims. In a final chapter, Monkkonen looks to the international context and shows that New York - and, by extension, the United States - has had consistently higher violence levels than London and Liverpool. No single factor, he says, shapes this excessive violence, but exploring the variables of age, ethnicity, weapons, and demography over the long term can lead to hope of changing old patterns.   [brief]
Similar Items
136. cover
Title: My music is my flag: Puerto Rican musicians and their New York communities, 1917-1940
Author: Glasser, Ruth
Published: University of California Press,  1995
Subjects: History | American  Studies | Music
Publisher's Description: Puerto Rican music in New York is given center stage in Ruth Glasser's original and lucid study. Exploring the relationship between the social history and forms of cultural expression of Puerto Ricans, she focuses on the years between the two world wars. Her material integrates the experiences of the mostly working-class Puerto Rican musicians who struggled to make a living during this period with those of their compatriots and the other ethnic groups with whom they shared the cultural landscape.Through recorded songs and live performances, Puerto Rican musicians were important representatives for the national consciousness of their compatriots on both sides of the ocean. Yet they also played with African-American and white jazz bands, Filipino or Italian-American orchestras, and with other Latinos. Glasser provides an understanding of the way musical subcultures could exist side by side or even as a part of the mainstream, and she demonstrates the complexities of cultural nationalism and cultural authenticity within the very practical realm of commercial music.Illuminating a neglected epoch of Puerto Rican life in America, Glasser shows how ethnic groups settling in the United States had choices that extended beyond either maintenance of their homeland traditions or assimilation into the dominant culture. Her knowledge of musical styles and performance enriches her analysis, and a discography offers a helpful addition to the text.   [brief]
Similar Items
137. cover
Title: The Myth of the Independent voter online access is available to everyone
Author: Keith, Bruce E
Published: University of California Press,  1992
Subjects: Politics | American  Studies
Publisher's Description: Few events in American politics over the past two decades have generated more attention than the increasing number of voters calling themselves Independent. By the early 1970s Independents outnumbered Republicans, according to many eminent experts on voting behavior. Yet the authors of this incisive new commentary on American politics claim that most of this widespread speculation on declining party affiliation is simply wrong. They contend that most so-called Independents lean strongly toward one of the two parties and resemble - in all important respects - either Democrats or Republicans. Contrary to expert opinion, only a small segment of voters are truly "independent" of either major party.Based on the most up-to-date 1990 data, The Myth of the Independent Voter provides a roadmap of the political arena for the general reader and scholar alike. Debunking conventional wisdom about voting patterns and allaying recent concerns about electoral stability and possible third party movements, the authors uncover faulty polling practices that have resulted in a skewed sense of the American voting population.Demonstrating that most of what has been written about Independents for more than thirty years is myth, this challenging book offers a trenchant new understanding of the party system, voting behavior, and public opinion.   [brief]
Similar Items
138. cover
Title: The myth of the noble savage
Author: Ellingson, Terry Jay
Published: University of California Press,  2001
Subjects: Anthropology | Cultural Anthropology | Intellectual History | European History | American  Studies | European Studies | Postcolonial Studies
Publisher's Description: In this important and original study, the myth of the Noble Savage is an altogether different myth from the one defended or debunked by others over the years. That the concept of the Noble Savage was first invented by Rousseau in the mid-eighteenth century in order to glorify the "natural" life is easily refuted. The myth that persists is that there was ever, at any time, widespread belief in the nobility of savages. The fact is, as Ter Ellingson shows, the humanist eighteenth century actually avoided the term because of its association with the feudalist-colonialist mentality that had spawned it 150 years earlier. The Noble Savage reappeared in the mid-nineteenth century, however, when the "myth" was deliberately used to fuel anthropology's oldest and most successful hoax. Ellingson's narrative follows the career of anthropologist John Crawfurd, whose political ambition and racist agenda were well served by his construction of what was manifestly a myth of savage nobility. Generations of anthropologists have accepted the existence of the myth as fact, and Ellingson makes clear the extent to which the misdirection implicit in this circumstance can enter into struggles over human rights and racial equality. His examination of the myth's influence in the late twentieth century, ranging from the World Wide Web to anthropological debates and political confrontations, rounds out this fascinating study.   [brief]
Similar Items
139. cover
Title: Myths in stone: religious dimensions of Washington, D.C
Author: Meyer, Jeffrey F
Published: University of California Press,  2001
Subjects: Religion | American  Studies | Christianity | United States History
Publisher's Description: Washington, D.C., is a city of powerful symbols - from the dominance of the Capitol dome and Washington Monument to the authority of the Smithsonian. This book takes us on a fascinating and informative tour of the nation's capital as Jeffrey F. Meyer unravels the complex symbolism of the city and explores its meaning for our national consciousness. Meyer finds that mythic and religious themes pervade the capital - in its original planning, in its monumental architecture, and in the ritualized events that have taken place over the 200 years the city has been the repository for the symbolism of the nation. As Meyer tours the city's famous axial layout, he discusses many historical figures and events, compares Washington to other great cities of the world such as Beijing and Berlin, and discusses the meaning and history of its architecture and many works of art. Treating Washington, D.C., as a complex religious center, Meyer finds that the city functions as a unifying element in American consciousness. This book will change the way we look at Washington, D.C., and provide a provocative new look at the meaning of religion in America today. It will also be a valuable companion for those traveling to this city that was envisioned from its inception as the center of the world.   [brief]
Similar Items
140. cover
Title: Narrowing the nation's power: the Supreme Court sides with the states online access is available to everyone
Author: Noonan, John Thomas 1926-
Published: University of California Press,  2002
Subjects: Law | American  Studies | Political Theory
Publisher's Description: Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.   [brief]
Similar Items
Sort by:Show: 
Page: Prev  ...  6 7 8 9 10   ...  Next

Comments? Questions?
Privacy Policy
eScholarship Editions are published by eScholarship, the California Digital Library
© 2010 The Regents of the University of California