Based on interviews with all parties and on extensive archival research into the files of the Atomic Energy Commission, Justice Downwind tells the astonishing story of how the United States exploded atomic weapons on its own soil between the years 1951 and 1963 as part of a postwar military nuclear testing program. Concerned with the hazards of cancer and radioactive fallout, 1,100 citizens living downwind of the Nevada Testing Site, in an effort to expose the Atomic Energy Commission's negigence in implementing the testing, sued the government for causing injury and wrongful death. Fearful that public outcry might shut down the program, AEC officials, during the 1950s, downplayed any suggestion that the testing program might endanger the health of persons living downwind of the testing site. By 1978, scientific studies had demonstrated associations between the epidemic of childhood leukemia and other cancers in the region and radioactive fallout. Pressing their case in the courts and in Congress, the downwind plaintiffs found themselves up against a government that remains even today reluctant to admit its responsibility. This new paperback edition includes updated information on the 10th Circuit Court's recent decision to overturn Judge Jenkins's ruling against the Federal Government in the Allen v. the United States case, the dilemmas associated with risky technologies, and new medical studies that have discovered links between leukemia and radioactive fallout.
As a three-term member of Congress and as the secretary of the interior in the Kennedy and Johnson cabinets (1961–1969), Stewart L. Udall (1920–2010) was a distinguished public servant and one of the great environmental leaders in US history. This book, the first biography of Udall, introduces his work to a new generation of Americans concerned with the environment. The author traces the influences on Udall’s career, the evolution of his views on conservation, and his setbacks as well as his triumphs. In addition to his efforts to preserve wilderness areas and protect the planet, Udall advocated reforming the seniority system in Congress, limiting the production and testing of nuclear weapons, promoting coexistence with the Soviet Union, and helping oppressed peoples in emerging nations. A visionary leader, Udall was inspired by his pioneering Mormon forebears who helped settle the Arizona high plateau, where he first connected with the natural world.
How the scientific community overlooked, ignored, and denied the catastrophic fallout of decades of nuclear testing in the American West In December of 1950, President Harry Truman gave authorization for the Atomic Energy Commission to conduct weapons tests and experiments on a section of a Nevada gunnery range. Over the next eleven years, more than a hundred detonations were conducted at the Nevada Test Site, and radioactive debris dispersed across the communities just downwind and through much of the country. In this important work, James C. Rice tells the hidden story of nuclear weapons testing and the negligence of the US government in protecting public health. Downwind of the Atomic State focuses on the key decisions and events shaping the Commission’s mismanagement of radiological contamination in the region, specifically on how the risks of fallout were defined and redefined, or, importantly, not defined at all, owing to organizational mistakes and the impetus to keep atomic testing going at all costs. Rice shows that although Atomic Energy Commission officials understood open-air detonations injected radioactive debris into the atmosphere, they did not understand, or seem to care, that the radioactivity would irrevocably contaminate these communities. The history of the atomic Southwest should be a wake-up call to everyone living in a world replete with large, complex organizations managing risky technological systems. The legacy of open-air detonations in Nevada pushes us to ask about the kinds of risks we are unwittingly living under today. What risks are we being exposed to by large organizations under the guise of security and science?
This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.
The compelling real-life story of the criminal investigation, indictment, and trial of Edgar Ray Killen, the preacher and former Ku Klux Klansman finally convicted in June 2005 for the deaths of three civil rights workers--forty-one years after their brutal murders. A stunning final chapter to the case immortalized in the movie Mississippi Burning.
In Under the Radar, Ellen Leopold shows how nearly every aspect of our understanding and discussion of cancer bears the imprint of its Cold War entanglement. The current biases toward individual rather than corporate responsibility for rising incidence rates, research that promotes treatment rather than prevention, and therapies that can be patented and marketed all reflect a largely hidden history shaped by the Cold War. Even the language we use to describe the disease, such as the guiding metaphor for treatment, "fight fire with fire," can be traced back to the middle of the twentieth century.
This collection of essays looks at over 200 major court cases, at both state and federal levels, from the colonial period to the present. Organized thematically, the articles range from 1,000 to 5,000 words and include recent topics such as the Microsoft antitrust case, the O.J. Simpson trials, and the Clinton impeachment. This new edition includes 43 new essays as well as updates throughout, with end-of-essay bibliographies and indexes by case and subject/name.
A thorough introduction to the laws of war, the savagery of war crimes, and the international system that demands justice. How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook thoroughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators. Significant treaties and conventions are explored, as well as all the options available to nations emerging from the throes of bloody civil wars to ensure peace with justice.
Thurgood Marshall's extraordinary contribution to civil rights and overcoming racism is more topical than ever, as the national debate on race and the overturning of affirmative action policies make headlines nationwide. Howard Ball, author of eighteen books on the Supreme Court and the federal judiciary, has done copious research for this incisive biography to present an authoritative portrait of Marshall the jurist. Born to a middle-class black family in "Jim Crow" Baltimore at the turn of the century, Marshall's race informed his worldview from an early age. He was rejected by the University of Maryland Law School because of the color of his skin. He then attended Howard University's Law School, where his racial consciousness was awakened by the brilliant lawyer and activist Charlie Houston. Marshall suddenly knew what he wanted to be: a civil rights lawyer, one of Houston's "social engineers." As the chief attorney for the NAACP, he developed the strategy for the legal challenge to racial discrimination. His soaring achievements and his lasting impact on the nation's legal system--as the NAACP's advocate, as a federal appeals court judge, as President Lyndon Johnson's solicitor general, and finally as the first African American Supreme Court Justice--are symbolized by Brown v. Board of Education, the landmark case that ended legal segregation in public schools. Using race as the defining theme, Ball spotlights Marshall's genius in working within the legal system to further his lifelong commitment to racial equality. With the help of numerous, previously unpublished sources, Ball presents a lucid account of Marshall's illustrious career and his historic impact on American civil rights.