Title: American gulag: inside U.S. immigration prisons
Author: Dow, Mark
Published: University of California Press,  2004
Subjects: Politics | American Studies | Anthropology | Ethnic Studies | Law | Sociology
Publisher's Description: Before September 11, 2001, few Americans had heard of immigration detention, but in fact a secret and repressive prison system run by the U.S. Immigration and Naturalization Service has existed in this country for more than two decades. In American Gulag, prisoners, jailers, and whistle-blowing federal officials come forward to describe the frightening reality inside these INS facilities. Journalist Mark Dow's on-the-ground reporting brings to light documented cases of illegal beatings and psychological torment, prolonged detention, racism, and inhumane conditions. Intelligent, impassioned, and unlike anything that has been written on the topic, this gripping work of investigative journalism should be read by all Americans. It is a book that will change the way we see our country. American Gulag takes us inside prisons such as the Krome North Service Processing Center in Miami, the Corrections Corporation of America's Houston Processing Center, and county jails around the country that profit from contracts to hold INS prisoners. It contains disturbing in-depth profiles of detainees, including Emmy Kutesa, a defector from the Ugandan army who was tortured and then escaped to the United States, where he was imprisoned in Queens, and then undertook a hunger strike in protest. To provide a framework for understanding stories like these, Dow gives a brief history of immigration laws and practices in the United States - including the repercussions of September 11 and present-day policies. His book reveals that current immigration detentions are best understood not as a well-intentioned response to terrorism but rather as part of the larger context of INS secrecy and excessive authority. American Gulag exposes the full story of a cruel prison system that is operating today with an astonishing lack of accountability.   [brief]
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Title: American Indian treaties: the history of a political anomaly
Author: Prucha, Francis Paul
Published: University of California Press,  1997
Subjects: History | Native American Studies | Law
Publisher's Description: American Indian affairs are much in the public mind today - hotly contested debates over such issues as Indian fishing rights, land claims, and reservation gambling hold our attention. While the unique legal status of American Indians rests on the historical treaty relationship between Indian tribes and the federal government, until now there has been no comprehensive history of these treaties and their role in American life.Francis Paul Prucha, a leading authority on the history of American Indian affairs, argues that the treaties were a political anomaly from the very beginning. The term "treaty" implies a contract between sovereign independent nations, yet Indians were always in a position of inequality and dependence as negotiators, a fact that complicates their current attempts to regain their rights and tribal sovereignty.Prucha's impeccably researched book, based on a close analysis of every treaty, makes possible a thorough understanding of a legal dilemma whose legacy is so palpably felt today.   [brief]
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Title: American literary realism and the failed promise of contract 
Author: Thomas, Brook
Published: University of California Press,  1997
Subjects: Literature | American Literature | American Studies | Law | United States History
Publisher's Description: In law, the late nineteenth century is often called the Age of Contract; in literature, the Age of Realism. Brook Thomas's new book brings contract and realism together to offer groundbreaking insights into both while exploring the social and cultural crises that accompanied America's transition from industrial capitalism to the corporate capitalism of the twentieth century.Thomas argues that, radically conceived, contract promised to generate an equitable social order - one organized around interpersonal exchange rather than conformity to a transcendental standard. But as the idea of contract took center stage in American culture after the Civil War, the law failed to deliver on this promise, instead legitimating hierarchies of race, class, and gender. Moving expertly from legal analysis to social history, to profoundly recontextualized literary critique, Thomas shows how writers like Twain, James, Howells, and Chopin took up contract as a model, formally and thematically, evoking its possibilities and dramatizing its failures.Thomas investigates a host of issues at the forefront of public debate in the nineteenth century: race and the meaning of equality, miscegenation, marriage, labor unrest, economic transformation, and changes in notions of human agency and subjectivity. Cross-examining a wide range of key literary and legal texts, he rethinks the ways they relate to each other and to their social milieu.As recent political rhetoric demonstrates, the promise of contract is still very much alive. American Literary Realism and the Failed Promise of Contract challenges conventional critical wisdom and makes a broad, provocative, and nuanced contribution to legal and literary studies, as well as to intellectual and social history. It promises to revise and enrich our understanding of American culture, law, and letters.   [brief]
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Title: "Beyond reasonable doubt" and "probable cause": historical perspectives on the Anglo-American law of evidence 
Author: Shapiro, Barbara J
Published: University of California Press,  1991
Subjects: History | European History | United States History | Rhetoric | Law
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Title: Broken tablets: the cult of the law in French art from David to Delacroix 
Author: Ribner, Jonathan P
Published: University of California Press,  1993
Subjects: Art | Art History | French Studies | European Literature | European History | Law
Publisher's Description: In this first study of art, law, and the legislator, Jonathan Ribner provides a revealing look at French art from 1789 to 1848, the period in which constitutional law was established in France. Drawing on several disciplines, he discusses how each of the early constitutional regimes in France used imagery suggesting the divine origin and sacred character of its laws.Primarily a study of art and politics, Broken Tablets discusses painting, sculpture, prints, and medals (many reproduced here for the first time), as well as contemporary literature, including the poetry of Alfred de Vigny, Alphonse de Lamartine, and Victor Hugo. Ribner assesses the ways in which legislation imagery became an instrument of political propaganda, and he clearly illuminates the cult of the law as it became personalized under Napoleon, monarchist under the Restoration, and defensive under Louis-Phillipe.   [brief]
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Title: The cigarette papers 
Author: Glantz, Stanton A
Published: University of California Press,  1998
Subjects: Politics | Medicine | Public Policy | Law | United States History
Publisher's Description: Around-the-clock tobacco talks, multibillion-dollar lawsuits against the major cigarette companies, and legislative wrangling over how much to tax a pack of cigarettes - these are some of the most recent episodes in the war against the tobacco companies. The Cigarette Papers shows what started it all: revelations that tobacco companies had long known the grave dangers of smoking, and did nothing about it.In May 1994 a box containing 4,000 pages of internal tobacco industry documents arrived at the office of Professor Stanton Glantz at the University of California, San Francisco. The anonymous source of these "cigarette papers" was identified only as "Mr. Butts." These documents provide a shocking inside account of the activities of one tobacco company, Brown & Williamson, over more than thirty years. Quoting extensively from the documents themselves and analyzing what they reveal, The Cigarette Papers shows what the tobacco companies have known and galvanizes us to take action.   [brief]
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Title: The concept of neutrality in classical Greece
Author: Bauslaugh, Robert A
Published: University of California Press,  1991
Subjects: Classics | Law | Classical History
Publisher's Description: Looking at Classical warfare from the perspective of the non-belligerents, Robert A. Bauslaugh brings together the scattered evidence testifying to neutral behavior among the Greek city-states and their non-Greek neighbors. Were the Argives of 480/479 B.C. really "Medizers," as many have accused, or were they pursuing a justifiable policy of neutrality as they claimed? On what basis in international law or custom did the Corcyraeans claim non-alignment? Why were the leading belligerent states willing to accept the inclusion of a "neutrality clause" in the Common Peace of 371? These questions have not been asked by historians of international law, and the answers provide a far more complex and sophisticated picture of interstate relations than has so far been available.Despite the absence of exclusively diplomatic language, the concept of respect for neutrals appears early in Greek history and remains a nearly constant feature of Classical wars. The problems confronting uncommitted states, which have clear parallels in modern history, were balanced by widespread acceptance of the need for limitations on the chaos of warfare.   [brief]
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Title: Crime, cultural conflict, and justice in rural Russia, 1856-1914
Author: Frank, Stephen 1955-
Published: University of California Press,  1999
Subjects: History | Russian and Eastern European Studies | Cultural Anthropology | Social Problems | European History | Law | Criminology
Publisher's Description: This book is the first to explore the largely unknown world of rural crime and justice in post-emancipation Imperial Russia. Drawing upon previously untapped provincial archives and a wealth of other neglected primary material, Stephen P. Frank offers a major reassessment of the interactions between peasantry and the state in the decades leading up to World War I. Viewing crime and punishment as contested metaphors about social order, his revisionist study documents the varied understandings of criminality and justice that underlay deep conflicts in Russian society, and it contrasts official and elite representations of rural criminality - and of peasants - with the realities of everyday crime at the village level.   [brief]
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Title: Death is that man taking names: intersections of American medicine, law, and culture
Author: Burt, Robert 1939-
Published: University of California Press,  2002
Subjects: Law | Health Care | History of Medicine | Ethics | Religion
Publisher's Description: The American culture of death changed radically in the 1970s. For terminal illnesses, hidden decisions by physicians were rejected in favor of rational self-control by patients asserting their "right to die" - initially by refusing medical treatment and more recently by physician-assisted suicide. This new claim rested on two seemingly irrefutable propositions: first, that death can be a positive good for individuals whose suffering has become intolerable; and second, that death is an inevitable and therefore morally neutral biological event. Death Is That Man Taking Names suggests, however, that a contrary attitude persists in our culture - that death is inherently evil, not just in practical but also in moral terms. The new ethos of rational self-control cannot refute but can only unsuccessfully try to suppress this contrary attitude. The inevitable failure of this suppressive effort provokes ambivalence and clouds rational judgment in many people's minds and paradoxically leads to inflictions of terrible suffering on terminally ill people. Judicial reforms in the 1970s of abortion and capital punishment were driven by similarly high valuations of rationality and public decision-making - rejecting physician control over abortion in favor of individual self-control by pregnant women and subjecting unsupervised jury decisions for capital punishment to supposed rationally guided supervision by judges. These reforms also attempt to suppress persistently ambivalent attitudes toward death, and are therefore prone to inflicting unjustified suffering on pregnant women and death-sentenced prisoners. In this profound and subtle account of psychological and social forces underlying American cultural attitudes toward death, Robert A. Burt maintains that unacknowledged ambivalence is likely to undermine the beneficent goals of post-1970s reforms and harm the very people these changes were intended to help.   [brief]
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Title: A democratic South Africa?: constitutional engineering in a divided society 
Author: Horowitz, Donald L
Published: University of California Press,  1991
Subjects: Politics | African Studies | Sociology | Law
Publisher's Description: Can a society as deeply divided as South Africa become democratic? In a most timely work, Donald L. Horowitz, author of the acclaimed Ethnic Groups in Conflict , points to the conditions that make democracy an improbable outcome in South Africa. At the same time, he identifies ways to overcome these obstacles, and he describes institutions that offer constitution makers the best chance for a democratic future.South Africa is generally considered an isolated case, a country unlike any other. Drawing on his extensive experience of racially and ethnically divided societies, however, Horowitz brings South Africa back into African and comparative politics. Experience gained in Nigeria, Botswana, Zimbabwe, and other divided societies around the world is relevant because, as South Africa leaves apartheid behind, it will still confront problems of pluralism: racial, ethnic, and ideological. Countries like South Africa, Horowitz argues, must develop institutions capable of coping with such divisions.Reviewing an array of constitutional proposals for South Africa - group rights, consociation, partition, binationalism, and an enhanced role for the judiciary - Horowitz shows that most are inappropriate for the country's problems, or else run afoul of some major ideological taboo. Institutions that are both apt and acceptable do exist, however. These are premised on the need to create incentives for accommodation across group lines. In the final chapter, Horowitz makes a major contribution to the theory of democratization as he considers how commitments to democracy might be extracted even from political groups with undemocratic objectives.Ranging skillfully across studies of social distance and stereotypes, electoral and party systems, constitutions and judiciaries, conflict and accommodation, and negotiation and democratization, Horowitz displays a broad comparative vision. His innovative study will change the way theorists and practitioners approach the task of making democracy work in difficult conditions.   [brief]
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Title: Drug war politics: the price of denial
Author: Bertram, Eva
Published: University of California Press,  1996
Subjects: Politics | Public Policy | Law | Sociology | Medicine | American Studies
Publisher's Description: Why have our drug wars failed and how might we turn things around? Ask the authors of this hardhitting exposè of U.S. efforts to fight drug trafficking and abuse. In a bold analysis of a century's worth of policy failure, Drug War Politics turns on its head many familiar bromides about drug politics. It demonstrates how, instead of learning from our failures, we duplicate and reinforce them in the same flawed policies. The authors examine the "politics of denial" that has led to this catastrophic predicament and propose a basis for a realistic and desperately needed solution.Domestic and foreign drug wars have consistently fallen short because they are based on a flawed model of force and punishment, the authors show. The failure of these misguided solutions has led to harsher get-tough policies, debilitating cycles of more force and punishment, and a drug problem that continues to escalate. On the foreign policy front, billions of dollars have been wasted, corruption has mushroomed, and human rights undermined in Latin America and across the globe. Yet cheap drugs still flow abundantly across our borders. At home, more money than ever is spent on law enforcement, and an unprecedented number of people - disproportionately minorities - are incarcerated. But drug abuse and addiction persist.The authors outline the political struggles that help create and sustain the current punitive approach. They probe the workings of Washington politics, demonstrating how presidential and congressional "out-toughing" tactics create a logic of escalation while the criticisms and alternatives of reformers are sidelined or silenced. Critical of both the punitive model and the legalization approach, Drug War Politics calls for a bold new public health approach, one that frames the drug problem as a public health - not a criminal - concern. The authors argue that only by situating drug issues in the context of our fundamental institutions - the family, neighborhoods, and schools - can we hope to provide viable treatment, prevention, and law enforcement. In its comprehensive investigation of our long, futile battle with drugs and its original argument for fundamental change, this book is essential for every concerned citizen.   [brief]
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Title: Early Greek law
Author: Gagarin, Michael
Published: University of California Press,  1989
Subjects: Classics | Classical Politics | Law
Publisher's Description: Drawing on the evidence of anthropology as well as ancient literature and inscriptions, Gagarin examines the emergence of law in Greece from the 8th through the 6th centuries B.C., that is, from the oral culture of Homer and Hesiod to the written enactment of codes of law in most major cities.
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Title: The fourth estate and the Constitution: freedom of the press in America 
Author: Powe, L. A. Scot
Published: University of California Press,  1992
Subjects: Law | Politics | American Studies | Media Studies
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Title: Framing American divorce: from the revolutionary generation to the Victorians
Author: Basch, Norma
Published: University of California Press,  1999
Subjects: History | Law | United States History | Gender Studies | Victorian History
Publisher's Description: Divorce has become one of the most widely discussed issues in America. In this innovative exploration of the phenomenon of divorce in American society, Norma Basch uses a variety of analytic perspectives to enrich our understanding of the meaning of divorce during the formative years of both the nation and its law, roughly 1770 to 1870. She provides a fascinating, thoughtful look at divorce as a legal action, as an individual experience, and as a cultural symbol in its era of institutionalization and traces the powerful legacy of the first American divorce experiences for us today.Using a unique methodology, Basch fragments her story into three discrete but chronologically overlapping perspectives. In Part I, "Rules," she analyzes the changing legal and legislative aspects of divorce and the public response to them. Part II, "Mediations," focuses on individual cases and presents a close-up analysis of the way ordinary women and men tested the law in the courts. And Part III, "Representations," charts the spiraling imagery of divorce through various fiction and non-fiction narratives that made their way into American popular culture during the nineteenth century.The composite picture that emerges in Framing American Divorce is a vividly untidy one that exposes the gulf between legal and moral abstractions and everyday practices. Divorce, Basch argues, was always a focal point of conflict between the autonomy of women and the authority of men. Tracing the legal, social, and cultural experience of divorce allows Basch to provide a searching exploration of the limits of nineteenth-century ideals of domesticity, romantic love, and marriage, and their legacy for us today. She brings her findings up-to-date with a provocative discussion of the current debate over fault or no-fault divorce.   [brief]
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Title: Gender trials: emotional lives in contemporary law firms
Author: Pierce, Jennifer L 1958-
Published: University of California Press,  1996
Subjects: Gender Studies | Law | Sociology | Social Problems | Women's Studies
Publisher's Description: This engaging ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, Jennifer Pierce discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals.Working as a paralegal, Pierce did ethnographic research in two law offices, and her depiction of the legal world is quite unlike the glamorized version seen on television. Pierce tellingly portrays the dilemma that female attorneys face: a woman using tough, aggressive tactics - the ideal combative litigator - is often regarded as brash or even obnoxious by her male colleagues. Yet any lack of toughness would mark her as ineffective.Women paralegals also face a double bind in corporate law firms. While lawyers depend on paralegals for important work, they also expect these women - for most paralegals are women - to nurture them and affirm their superior status in the office hierarchy. Paralegals who mother their bosses experience increasing personal exploitation, while those who do not face criticism and professional sanction. Male paralegals, Pierce finds, do not encounter the same difficulties that female paralegals do.Pierce argues that this gendered division of labor benefits men politically, economically, and personally. However, she finds that women lawyers and paralegals develop creative strategies for resisting and disrupting the male-dominated status quo. Her lively narrative and well-argued analysis will be welcomed by anyone interested in today's gender politics and business culture.   [brief]
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Title: Gimme some truth: the John Lennon FBI files
Author: Wiener, Jon
Published: University of California Press,  2000
Subjects: American Studies | Politics | Sociology | Social Problems | Music | Social Theory | Cultural Anthropology | Law
Publisher's Description: When FBI Director J. Edgar Hoover reported to the Nixon White House in 1972 about the Bureau's surveillance of John Lennon, he began by explaining that Lennon was a "former member of the Beatles singing group." When a copy of this letter arrived in response to Jon Wiener's 1981 Freedom of Information request, the entire text was withheld - along with almost 200 other pages - on the grounds that releasing it would endanger national security. This book tells the story of the author's remarkable fourteen-year court battle to win release of the Lennon files under the Freedom of Information Act in a case that went all the way to the Supreme Court. With the publication of Gimme Some Truth , 100 key pages of the Lennon FBI file are available - complete and unexpurgated, fully annotated and presented in a "before and after" format.Lennon's file was compiled in 1972, when the war in Vietnam was at its peak, when Nixon was facing reelection, and when the "clever Beatle" was living in New York and joining up with the New Left and the anti-war movement. The Nixon administration's efforts to "neutralize" Lennon are the subject of Lennon's file. The documents are reproduced in facsimile so that readers can see all the classification stamps, marginal notes, blacked out passages and - in some cases - the initials of J. Edgar Hoover. The file includes lengthy reports by confidential informants detailing the daily lives of anti-war activists, memos to the White House, transcripts of TV shows on which Lennon appeared, and a proposal that Lennon be arrested by local police on drug charges.Fascinating, engrossing, at points hilarious and absurd, Gimme Some Truth documents an era when rock music seemed to have real political force and when youth culture challenged the status quo in Washington. It also delineates the ways the Reagan, Bush, and Clinton administrations fought to preserve government secrecy, and highlights the legal strategies adopted by those who have challenged it.   [brief]
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Title: Gypsy law: Romani legal traditions and culture
Author: Weyrauch, Walter O. (Walter Otto) 1919-
Published: University of California Press,  2001
Subjects: Law | Cultural Anthropology | Ethnic Studies | Sociology | European Studies | Political Theory
Publisher's Description: Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."   [brief]
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Title: Habermas on law and democracy: critical exchanges
Author: Rosenfeld, Michel 1948-
Published: University of California Press,  1998
Subjects: Philosophy | Law | Politics
Publisher's Description: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors - internationally prominent scholars in the fields of law, philosophy, and social theory - includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms . This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms . Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.   [brief]
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Title: In Search of equality: the Chinese struggle against discrimination in nineteenth-century America
Author: McClain, Charles J
Published: University of California Press,  1994
Subjects: Law | California and the West | History | United States History | Californian and Western History | American Studies | Asian American Studies
Publisher's Description: Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts.McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks.In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.   [brief]
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Title: In the house of the law: gender and Islamic law in Ottoman Syria and Palestine
Author: Tucker, Judith E
Published: University of California Press,  1998
Subjects: History | Middle Eastern History | Law | Islam | Women's Studies | Middle Eastern Studies | Islam
Publisher's Description: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwa s, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.   [brief]
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