The Mining Law of 1872

The Mining Law of 1872

Author: Gordon Morris Bakken

Publisher: UNM Press

Published: 2011-09-16

Total Pages: 270

ISBN-13: 0826343589

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History has left us a classic image of western mining in the grizzly forty-niner squatting by a clear stream sifting through gravel to reveal gold. What this slice of Western Americana does not reveal, however, is thousands of miners doing the same, their gravel washing downstream, causing the water to grow dark with debris while trout choke to death and wash ashore. Instead of the havoc wreaked upon the western landscape, we are told stories of American enterprise, ingenuity, and fortune. The General Mining Act of 1872, which declared all valuable mineral deposits on public lands to be free and open to exploration and purchase, has had a controversial impact on the western environment as, under the protection of federal law, various twentieth-century entrepreneurs have manipulated it in order to dump waste, cut timber, create resorts, and engage in a host of other activities damaging to the environment. In this in-depth analysis, legal historian Gordon Morris Bakken traces the roots of the mining law and details the way its unintended consequences have shaped western legal thought from Nome to Tombstone and how it has informed much of the lore of the settlement of the West.


Undercover

Undercover

Author: Gary T. Marx

Publisher: Univ of California Press

Published: 1988-06-29

Total Pages: 312

ISBN-13: 0520910044

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Providing a rich picture of past and present undercover work, and drawing on unpublished documents and interviews with the FBI and local police, this penetrating study examines the variety of undercover operations and the ethical issues and empirical assumptions raised when the state officially sanctions deception and trickery and allows its agents to participate in crime.


Settling Accounts

Settling Accounts

Author: John Borneman

Publisher: Princeton University Press

Published: 1997-11-03

Total Pages: 212

ISBN-13: 1400822343

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As new states in the former East bloc begin to reckon with their criminal pasts in the years following a revolutionary change of regimes, a basic pattern emerges: In those states where some form of retributive justice has been publicly enacted, there has generally been much less of a recourse to collective retributive violence. In Settling Accounts, John Borneman explores the attempts by these aspiring democratic states to invoke the principles of the "rule of law" as a means of achieving retributive justice, that is, convicting wrongdoers and restoring dignity to victims of moral injuries. Democratic regimes, Borneman maintains, require a strict form of accountability that holds leaders responsible for acts of criminality. This accountability is embodied in the principles of the rule of law, and retribution is at the moral center of these principles. Drawing from his ethnographic work in the former East Germany and with select comparisons to other East-Central European states, Borneman critically examines the construction of categories of criminality. He argues against the claims that economic growth, liberal democracy, or acts of reconciliation are adequate means to legitimate the transformed East bloc states. The cycles of violence in states lacking a system of retributive justice help to support this claim. Invocation of the principles of the rule of law must be seen as a chance for a more democratic, more accountable, and less violent world.


Research Handbook on Art and Law

Research Handbook on Art and Law

Author: Jani McCutcheon

Publisher: Edward Elgar Publishing

Published: 2020-01-31

Total Pages: 464

ISBN-13: 1788971477

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Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.


Wyatt Earp's Cow-boy Campaign

Wyatt Earp's Cow-boy Campaign

Author: Chuck Hornung

Publisher: McFarland

Published: 2016-05-12

Total Pages: 317

ISBN-13: 1476663440

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What can be learned from another retelling of the Tombstone saga? Recent revelations challenge the traditional view of Wyatt Earp's campaign against the Cow-boy confederation as a bloody personal feud a la western fiction. It was a seek and destroy mission sanctioned by the United States attorney general, the U.S. marshal and the Arizona Territory governor, following a year of corrupt law enforcement in league with the Cow-boys' livestock raids, stagecoach holdups and other atrocities. Presented in three sections, this book establishes the major players involved in the convergence on Tombstone, provides an account of Earp's activities during the 18 months prior to the final action and discusses the provenance and credibility of the "Otero Letter." Discovered in 2001, the letter--believed to be written by New Mexico Territory Governor Miguel Otero--offers evidence that Earp's party was given government aid. The author examines the details of the letter, including the shotgun dual between Earp and Curly Bill, the split between Earp and Doc Holliday, sanctuary for the Earp posse in Colorado and Holliday's extradition fight, Earp's covert assault resulting in Johnny Ringo's death, and the controversial courtship and marriage of Earp and Josephine Marcus.