Kategoria BISAC: Law >> Legal History

The federal special prosecutor: unprincipled abuser of power or staunch defender of the law? As Katy Harriger shows, the special prosecutor was a hotly debated and controversial subject throughout much of its existence. This was especially true, she argues, during the lengthy, expensive, and highly-politicized investigations of Lawrence Walsh and Kenneth Starr into allegations concerning Presidents Ronald Reagan and Bill Clinton.

Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role...

The federal special prosecutor: unprincipled abuser of power or staunch defender of the law? As Katy Harriger shows, the special prosecutor was a hotly debated and controversial subject throughout much of its existence. This was especially true, she argues, during the lengthy, expensive, and highly-politicized investigations of Lawrence Walsh and Kenneth Starr into allegations concerning Presidents Ronald Reagan and Bill Clinton.

Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role...

On Easter Sunday in 1873, more than one hundred black men were gunned down in Grant Parish, Louisiana, for daring to assert their right to vote. Several months earlier, in Lexington, Kentucky, another black man was denied the right to vote for simply failing to pay a poll tax. Both events typified the intense opposition to the federal guarantee of black voting rights. Both events led to landmark Supreme Court decisions. And, as Robert Goldman shows, both events have much to tell us about an America that was still deeply divided over the status of blacks during the Reconstruction era....

The struggle for civil rights in America was fought at the lunch counter as well as in the streets. It ultimately found victory in the halls of government--but, as Richard Cortner reveals, only through a creative use of congressional power and critical judicial decisions.

Title II of the 1964 Civil Rights Act prohibited discrimination in public accommodations, and shortly after its passage blacks were refused service at the Heart of Atlanta Motel and at Ollie's Barbecue in Birmingham, Alabama, as a test of the new law by business owners who claimed the right to choose their own customers....

Can faith-based counselors be held to the same standard of legal accountability as secular ones? Or does the broad shield of religious freedom protect them absolutely, no matter how incompetent or negligent their actions might be? After Kenneth Nally put a shotgun to his head and pulled the trigger in early 1979, finding the right answers to those questions became both much more urgent and much more difficult. Mark Weitz shows why.

Following his suicide, Nally's parents filed a wrongful death suit against their son's fundamentalist church, alleging that its pastoral counselors had failed...

Can faith-based counselors be held to the same standard of legal accountability as secular ones? Or does the broad shield of religious freedom protect them absolutely, no matter how incompetent or negligent their actions might be? After Kenneth Nally put a shotgun to his head and pulled the trigger in early 1979, finding the right answers to those questions became both much more urgent and much more difficult. Mark Weitz shows why.

Following his suicide, Nally's parents filed a wrongful death suit against their son's fundamentalist church, alleging that its pastoral counselors had failed...

Although huge in scope and impact, the 9/11 attacks were not the first threat by foreign terrorists on American soil. During World War II, eight Germans landed on our shores in 1942 bent on sabotage. Caught before they could carry out their missions, under FDR's presidential proclamation they were hauled before a secret military tribunal and found guilty. Meeting in an emergency session, the Supreme Court upheld the tribunal's authority. Justice was swift: six of the men were put to death--a sentence much more harsh than would have been allowed in a civil trial.

Louis Fisher chronicles...

James Stoner's first book, Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism, was hailed as "forceful and wise . . . powerful and convincing" by the American Historical Review and "a stunning achievement" by the Journal of Politics. In that work, which provided historical background to the Founding era, he focused on the common law almost exclusively as a mode of legal thought. He now amplifies and extends his thinking on this subject with a study that transcends such "formalistic" limits and reveals how constitutional law has...

The passage of Measure 58 in Oregon in 1998 was a milestone in adoption reform. For the first time in U.S. history a grassroots initiative restored the legal right of adopted adults to request and receive their original birth certificates. Within a day after the law went into effect, nearly 2,400 adoptees had applied for these previously sealed records, elevating their right to know over a birth mother's right to privacy.

E. Wayne Carp, a nationally respected authority on adoption history, now reveals the efforts of the radical adoptee rights organization Bastard Nation to pass this...

In wartime, presidents are always tempted to expand their authority. But in doing so, they often reach beyond their constitutional mandate.

Although the use of military tribunals can be necessary and even effective in times of war, Louis Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war--and the meek efforts of Congress and the judiciary to curb...

Americans value privacy as one of their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the Supreme Court's ruling in Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in Roe v. Wade (1973). John Johnson's masterly critique of Griswold--which observes its 40th anniversary on June 7, 2005--reminds us once again of its crucial impact on both American law and society.

Johnson explores...

Americans value privacy as one of their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the Supreme Court's ruling in Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in Roe v. Wade (1973). John Johnson's masterly critique of Griswold--which observes its 40th anniversary on June 7, 2005--reminds us once again of its crucial impact on both American law and society.

Johnson explores...

The Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test did not arise until five years later. That test centered on a vitriolic dispute among the white butchers of mid-Reconstruction New Orleans.

The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, many independent butchers felt disenfranchised....

This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity.

The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional...

The slaying of three civil rights workers in Philadelphia, Mississippi, in 1964 was a notorious event documented in Howard Ball's 2004 book Murder in Mississippi. Now Ball revisits that grisly crime to tell how, four decades later, justice finally came to Philadelphia.

Originally tried in 1967, Baptist minister and Klansman Edgar Ray Killen was set free because one juror couldn't bring herself to convict a preacher. Now Ball tells how progressive-minded state officials finally re-opened the case and, forty years after the fact, enabled Mississippians to reconcile with their tragic past....

What happens when the political ideas and constitutional interpretations of one generation are replaced by those of another? This process has occurred throughout American history down to the present day as "we the people" change our minds about how we govern ourselves. Depicting a monumental clash of generations, Gerard Magliocca reminds us once again how our Constitution remains a living document.

Magliocca reinterprets the legal landmarks of the Jacksonian era to demonstrate how the meaning of the Constitution evolves in a cyclical and predictable fashion. He highlights the ideological...

When Congress passed the Endangered Species Act in 1973, it did so in the belief that threats to emblematic creatures like bison or commercial crops such as fish could be resolved simply by placing limits on hunting and trade. Few lawmakers could have foreseen how the implementation of that law would change over the years, as the directive to save seemingly insignificant species would extend to the protection of entire ecosystems. As the courts have interpreted the law in the light of a better understanding of science, the ESA increasingly has become a tool used to block development projects...

The law manuscripts of medieval Wales not only explain the historically unique Welsh legal system, but they also stand as works of surprising literary merit. "The Legal Triads of Medieval Wales" is the first full-length study devoted to the exploration of the legal triads educational and mnemonic sentences for almost every aspect of medieval Welsh law that collect things in groups of three. A must for any reader interested in the workings of medieval law, this volume offers a fully edited and translated text of the triads, as well as their literary and legal context."

This book is the first major study of England's biggest and best-known witch trial which took place in 1612, when ten witches were arraigned and hung in the village of Pendle in Lancashire. The book has equal appeal across the disciplines of both History and English Literature/Renaissance Studies, with essays by the leading experts in both fields. Includes helpful summaries to explain the key points of each essay. Brings the subject up-to-date with a study of modern Wicca and paganism, including present-day Lancashire witches. Quite simply, this is the most comprehensive study of any English...

Rattling the Cage explains how the failure to recognize the basic legal rights of chimpanzees and bonobos in light of modern scientific findings creates a glaring contradiction in our law. In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse.