A memoir-like collection of keen observations of global culture. Vignettes by the Israeli-born distinguished legal scholar guides those from different cultures on how to respect each other and live in harmony. Timely suggestions describe how cultural differences can be managed and how to build relationships with people of other cultures.
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
The Color Line provides a concise history of the role of race and ethnicity in the US, from the early colonial period to the present, to reveal the public policies and private actions that have enabled racial subordination and the actors who have fought against it. Focusing on Native Americans, African Americans, Asian Americans, and Latino Americans, it explores how racial subordination developed in the region, how it has been resisted and opposed, and how it has been sustained through independence, the abolition of slavery, the civil rights movement, and subsequent reforms. The text also considers the position of European immigrants to the US, interrogates relevant moral issues, and identifies persistent problems of public policy, arguing that all four centuries of racial subordination are relevant to understanding contemporary America and some of its most urgent issues. This book will be of interest to students and scholars of American history, the history of race and ethnicity, and other related courses in the humanities and social sciences.
A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize “From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.” —Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law. “With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice...Absorbing and so essential.” —Paul Butler, author of Chokehold “A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.” —Hua Hsu, New Yorker
In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. This book tells the full story of its complex lineage, including its intellectual roots in England.
"Charges, denials, and countercharges of bigotry are increasingly frequent in the U.S. Bigotry is a fraught and contested term, evident from the rejoinder that calling out bigotry is political correctness. That is so even though renouncing- and denouncing-bigotry seems to be a shared political value with a long history. Identifying, responding to, and preventing bigotry have engaged the efforts of many people. People disagree, however, over who is a bigot and what makes a belief, attitude, or action bigoted. This book argues that bigotry has both a backward- and forward-looking dimension. We learn bigotry's meaning by looking to the past, but bigotry also has an important forward-looking dimension. Past examples of bigotry on which there is consensus become the basis for prospective judgments about analogous forms of bigotry. The rhetoric of bigotry-how people use such words as "bigot," "bigoted," and "bigotry"-poses puzzles that urgently demand attention. Those include whether bigotry concerns the motivation for or the content of a belief or action; whether reasonableness is a defense to charges of bigotry; whether the bigot is a distinct type, or whether we are all a bit bigoted; and whether "bigotry" is the term society gives to beliefs that now are beyond the pale. This book addresses those puzzles by examining prior controversies over interfaith and interracial marriage and the recent controversy over same-sex marriage, as well as controversies over landmark civil rights law and more recent conflicts between religious liberty and state antidiscrimination laws protecting LGBTQ persons"--
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.