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Book part
Publication date: 1 July 2004

Imani Perry

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates…

Abstract

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-109-5

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Book part
Publication date: 29 February 2008

Jon-Christian Suggs

Reading African American literature through the lens of American legal history broadly construed and reading American legal history through the lens of African American

Abstract

Reading African American literature through the lens of American legal history broadly construed and reading American legal history through the lens of African American literature reshapes both texts of American experience and provides new readings of the literature and new perspectives on the law. Consequences for the understanding of each socially constructed “text” of reality proceed from examining their common narratival practices, specifically calling for a new periodization and taxonomy of African American literature and for a new “romantic” history of American law.

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Special Issue Law and Literature Reconsidered
Type: Book
ISBN: 978-1-84950-561-1

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Book part
Publication date: 26 September 2006

Charles R. Venator Santiago

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception…

Abstract

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-323-5

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Article
Publication date: 1 March 1979

Marilyn L. Haas

The purpose of this paper is to identify and describe the reference works useful for finding written information on the North American Indian (that is, Indians presently…

Abstract

The purpose of this paper is to identify and describe the reference works useful for finding written information on the North American Indian (that is, Indians presently and in the past living in what is now the United States and Canada).

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Reference Services Review, vol. 7 no. 3
Type: Research Article
ISSN: 0090-7324

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Legal Professions: Work, Structure and Organization
Type: Book
ISBN: 978-0-76230-800-2

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Book part
Publication date: 1 June 2011

Werner Winslow Gardner

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted…

Abstract

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted abstractions and intriguing diagrams. The rebellion stems from two sources. Veblen's sweeping attacks upon its postulates16 shock its theoretical foundations. The rapid changes in the industrial and business world discredited it on another front by bringing into increasingly sharp relief the divergence between the institutional assumptions of the orthodox theory and the conditions actually obtaining. The giant corporation, overhead costs, and the necessity for maintenance of volume, industrial concentration, the trade association, a widening spread among income classes, advertising, the growing inability of the consumer to gauge quality, the resort to reorganization instead of the “going out of business” of the long-run analyses – what place could the orthodox theory give to these important characteristics of the existing business economy?

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Wisconsin, Labor, Income, and Institutions: Contributions from Commons and Bronfenbrenner
Type: Book
ISBN: 978-1-78052-010-0

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Book part
Publication date: 9 September 2020

John S. W. Park

This chapter re-assesses the stories of three important Asian American women in the United States in the first half of the twentieth century. Like many undocumented…

Abstract

This chapter re-assesses the stories of three important Asian American women in the United States in the first half of the twentieth century. Like many undocumented migrants in our current day, they each “discovered,” as children and as young adults, that they and other members of their families had a “pariah status,” as immigrants, as women of color, and as persons who could not enjoy the rights and opportunities of citizens of the United States. This chapter explores how they coped with being “unlawful,” with their precarious status, both by evading the law and then also by becoming critics of the law itself.

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Book part
Publication date: 10 May 2017

Tanya Josev

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historian Arthur Schlesinger, Jr. The legal

Abstract

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historian Arthur Schlesinger, Jr. The legal academy has bemoaned the term as perpetually ill-defined, but can this be attributed to its equivocal beginnings on the pages of Fortune magazine? This chapter investigates the circumstances in which the term was produced and the early meanings given to it in scholarly work. It is argued that there was very little effort on the part of legal academics and political scientists to gather a consensus as to definition, or otherwise to treat the terminology with caution, before the term was wrested from the university cloisters and captured by the popular media in the mid-1960s.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Book part
Publication date: 4 April 2017

Jeppe Mulich

When the 13 colonies in North America, the slave colony of Saint-Domingue, and the colonial territories of the Portuguese and Spanish Americas all rose against their…

Abstract

When the 13 colonies in North America, the slave colony of Saint-Domingue, and the colonial territories of the Portuguese and Spanish Americas all rose against their imperial rulers, a new postcolonial order seemingly emerged in the Western Hemisphere. The reality of this situation forced political theorists and practitioners of the early 19th century to rethink the way in which they envisioned the nature and dynamics of international order. But a careful analysis of this shift reveals that it was not the radical break with prior notions of sovereignty and territoriality, often described in the literature. This was not the emergence of a new postimperial system of independent, nationally anchored states. Rather, it reflected a creative rethinking of existing notions of divided sovereignty and composite polities, rife with political experiments – from the formation of a new multi-centered empire in North America to the quasi-states and federations of Latin America. This moment of political experimentation and postcolonial order-making presented a distinctly new world repertoire of empire and state-building, parts of which were at least as violent and authoritarian as those of the old world empires it had replaced. The most radical ideas of freedom and liberty, championed by the black republic of Haiti, remained marginalized and sidelined by more conservative powers on both sides of the Atlantic.

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International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

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Book part
Publication date: 21 June 2005

Orit Kamir

Anatomy of a Murder, a beloved, highly influential, seemingly liberal 1959 classic law-film seems to appropriate some of the fading western genre’s features and social…

Abstract

Anatomy of a Murder, a beloved, highly influential, seemingly liberal 1959 classic law-film seems to appropriate some of the fading western genre’s features and social functions, intertwining the professional-plot western formula with a hero-lawyer variation on the classic western hero character, America’s 19th century archetypal True Man. In so doing, Anatomy revives the western genre’s honor code, embracing it into the hero-lawyer law-film. Concurrently, it accommodates the development of cinematic imagery of the emerging, professional elite groups, offering the public the notion of the professional super-lawyer, integrating legal professionalism with natural justice. In the course of establishing its Herculean lawyer, the film constitutes its female protagonist as a potential threat, subjecting her to a cinematic judgment of her sexual character and reinforcing the honor-based notion of woman’s sexual-guilt.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-327-3

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