Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.
Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force. Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring. Preeminent legal historian Melvin Urofsky proves an exemplary guide through the complexities of this case as he takes us from the workplace through the various levels of our federal court system. Balancing the particulars of the case with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but both ultimately caught up in legal and social issues that reached well beyond their own lives. Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. The latter continues to generate headlines, like those that followed the 1996 Supreme Court decision to let stand a lower-court ruling that race cannot be used as a determination for admission to academic programs. More recently, several states have even taken steps to end affirmative action altogether. While it's hard to tell how such actions will ultimately impact affirmative action, there's no question that the rulings in cases like Johnson v. Santa Clara will continue to guide and influence the debates both inside and outside the courtroom.
In this “deeply original” (Elif Batuman) and “violently funny” (Myriam Gurba) story, a young lawyer finally confronts her dark past so she can live in a more peaceful future. To the outside observer, Vivian is a success story—a dedicated lawyer who advocates for mentally ill patients at a New York City psychiatric hospital. Privately, Vivian contends with the memories and aftereffects of her bad childhood—compounded by the everyday stresses of being a Black Latinx woman in America. She lives in a constant state of hypervigilant awareness that makes even a simple subway ride into a heart-pounding drama. For years, Vivian has self-medicated with a mix of dating, dieting, dark humor and smoking weed with her BFF, Jane. But after a family reunion prompts Vivian to take a bold step, she finds herself alone in new and terrifying ways, without even Jane to confide in, and she starts to unravel. Will she find a way to repair what matters most to her? A debut from a stunning talent, Post-traumatic is a new kind of survivor narrative, featuring a complex heroine who is blazingly, indelibly alive. With razor-sharp prose and mordant wit, Chantal V. Johnson performs an extraordinary feat, delivering a psychologically astute story about the aftermath of trauma that somehow manages to brim with warmth, laughter, and hope.
"As majestic in its scope as the country it celebrates. [Johnson's] theme is the men and women, prominent and unknown, whose energy, vision, courage and confidence shaped a great nation. It is a compelling antidote to those who regard the future with pessimism."— Henry A. Kissinger Paul Johnson's prize-winning classic, A History of the American People, is an in-depth portrait of the American people covering every aspect of U.S. history—from politics to the arts. "The creation of the United States of America is the greatest of all human adventures," begins Paul Johnson's remarkable work. "No other national story holds such tremendous lessons, for the American people themselves and for the rest of mankind." In A History of the American People, historian Johnson presents an in-depth portrait of American history from the first colonial settlements to the Clinton administration. This is the story of the men and women who shaped and led the nation and the ordinary people who collectively created its unique character. Littered with letters, diaries, and recorded conversations, it details the origins of their struggles for independence and nationhood, their heroic efforts and sacrifices to deal with the 'organic sin’ of slavery and the preservation of the Union to its explosive economic growth and emergence as a world power. Johnson discusses contemporary topics such as the politics of racism, education, the power of the press, political correctness, the growth of litigation, and the influence of women throughout history. Sometimes controversial and always provocative, A History of the American People is one author’s challenging and unique interpretation of American history. Johnson’s views of individuals, events, themes, and issues are original, critical, and in the end admiring, for he is, above all, a strong believer in the history and the destiny of the American people.
