Law and the Borders of Belonging in the Long Nineteenth Century United States

Law and the Borders of Belonging in the Long Nineteenth Century United States

Author: Barbara Young Welke

Publisher: Cambridge University Press

Published: 2010-03-08

Total Pages: 0

ISBN-13: 9780521152259

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For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.


Porous Borders

Porous Borders

Author: Julian Lim

Publisher: UNC Press Books

Published: 2017-10-10

Total Pages: 321

ISBN-13: 146963550X

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With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.


Borders of Belonging

Borders of Belonging

Author: Heide Castañeda

Publisher: Stanford University Press

Published: 2019-02-26

Total Pages: 353

ISBN-13: 1503607925

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Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.


The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

Author: Nan Goodman

Publisher: Routledge

Published: 2017-05-12

Total Pages: 522

ISBN-13: 1317042964

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Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.


Arresting Dress

Arresting Dress

Author: Clare Sears

Publisher: Duke University Press

Published: 2015-02-20

Total Pages: 329

ISBN-13: 0822376199

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In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.


Spaces of Law in American Foreign Relations

Spaces of Law in American Foreign Relations

Author: Daniel S. Margolies

Publisher: University of Georgia Press

Published: 2011-06-01

Total Pages: 442

ISBN-13: 0820339520

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In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.


The Oxford Handbook of Legal History

The Oxford Handbook of Legal History

Author: Markus D. Dubber

Publisher: Oxford University Press

Published: 2018-08-02

Total Pages: 1201

ISBN-13: 0192513133

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.


They Don't Want Her There

They Don't Want Her There

Author: Carolyn Chalmers

Publisher: University of Iowa Press

Published: 2022-04-27

Total Pages: 248

ISBN-13: 1609388194

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Decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her White male colleagues. After years of demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost.


Once Within Borders

Once Within Borders

Author: Charles S. Maier

Publisher: Harvard University Press

Published: 2016-10-17

Total Pages: 248

ISBN-13: 0674973917

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Throughout history, human societies have been organized preeminently as territories—politically bounded regions whose borders define the jurisdiction of laws and the movement of peoples. At a time when the technologies of globalization are eroding barriers to communication, transportation, and trade, Once Within Borders explores the fitful evolution of territorial organization as a worldwide practice of human societies. Master historian Charles S. Maier tracks the epochal changes that have defined territories over five centuries and draws attention to ideas and technologies that contribute to territoriality’s remarkable resilience. Territorial boundaries transform geography into history by providing a framework for organizing political and economic life. But properties of territory—their meanings and applications—have changed considerably across space and time. In the West, modern territoriality developed in tandem with ideas of sovereignty in the seventeenth century. Sovereign rulers took steps to fortify their borders, map and privatize the land, and centralize their sway over the populations and resources within their domain. The arrival of railroads and the telegraph enabled territorial expansion at home and abroad as well as the extension of control over large spaces. By the late nineteenth century, the extent of a nation’s territory had become an index of its power, with overseas colonial possessions augmenting prestige and wealth and redefining territoriality. Turning to the geopolitical crises of the twentieth century, Maier pays close attention to our present moment, asking in what ways modern nations and economies still live within borders and to what degree our societies have moved toward a post-territiorial world.


Yale Law Journal: Volume 125, Number 6 - April 2016

Yale Law Journal: Volume 125, Number 6 - April 2016

Author: Yale Law Journal

Publisher: Quid Pro Books

Published: 2016-04-29

Total Pages: 361

ISBN-13: 1610277945

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This issue of the Yale Law Journal (the sixth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue's contents include: Article, "Administrative Forbearance," by Daniel T. Deacon Essay, "The New Public," by Sarah A. Seo The student contributions are: Note, "How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes," by Robert L. Nightingale Note, "Border Checkpoints and Substantive Due Process: Abortion in the Border Zone," by Kate Huddleston Comment, "The State's Right to Property Under International Law," by Peter Tzeng Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.