The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Documents the achievements of a team of reservists and National Guardsmen who built an Iraqi battalion and fought side by side with the first Iraqi soldiers granted independent battle space.
Liberal democracies very rarely fight wars against each other, even though they go to war just as often as other types of states do. John M. Owen IV attributes this peculiar restraint to a synergy between liberal ideology and the institutions that exist within these states. Liberal elites identify their interests with those of their counterparts in foreign states, Owen contends. Free discussion and regular competitive elections allow the agitations of the elites in liberal democracies to shape foreign policy, especially during crises, by influencing governmental decision makers. Several previous analysts have offered theories to explain liberal peace, but they have not examined the state. This book explores the chain of events linking peace with democracies. Owen emphasizes that peace is constructed by democratic ideas, and should be understood as a strong tendency built upon historically contingent perceptions and institutions. He tests his theory against ten cases drawn from over a century of U.S. diplomatic history, beginning with the Jay Treaty in 1794 and ending with the Spanish-American War in 1898. A world full of liberal democracies would not necessarily be peaceful. Were illiberal states to disappear, Owen asserts, liberal states would have difficulty identifying one another, and would have less reason to remain at peace.