"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--
In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-served not only to maintain safety and order but also to enforce conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff answers that question by showing how constitutional challenges to vagrancy laws shaped the multiple movements that made "the 1960s." Vagrancy laws were so broad and flexible that they made it possible for the police to arrest anyone out of place: Beats and hippies; Communists and Vietnam War protestors; racial minorities and civil rights activists; gays, single women, and prostitutes. As hundreds of these "vagrants" and their lawyers challenged vagrancy laws in court, the laws became a flashpoint for debates about radically different visions of order and freedom. Goluboff's compelling account of those challenges rewrites the history of the civil rights, peace, gay rights, welfare rights, sexual, and cultural revolutions. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. The Supreme Court's 1972 decision declaring vagrancy laws unconstitutional continues to shape conflicts between police power and constitutional rights, including clashes over stop-and-frisk, homelessness, sexual freedom, and public protests. Since the downfall of vagrancy law, battles over what, if anything, should replace it, like battles over the legacy of the sixties transformations themselves, are far from over.
Throughout history, those arrested for vagrancy have generally been poor men and women, often young, able-bodied, unemployed, and homeless. Most histories of vagrancy have focused on the European and American experiences. Cast Out: Vagrancy and Homelessness in Global and Historical Perspective is the first book to consider the shared global heritage of vagrancy laws, homelessness, and the historical processes they accompanied. In this ambitious collection, vagrancy and homelessness are used to examine a vast array of phenomena, from the migration of labor to social and governmental responses to poverty through charity, welfare, and prosecution. The essays in Cast Out represent the best scholarship on these subjects and include discussions of the lives of the underclass, strategies for surviving and escaping poverty, the criminalization of poverty by the state, the rise of welfare and development programs, the relationship between imperial powers and colonized peoples, and the struggle to achieve independence after colonial rule. By juxtaposing these histories, the authors explore vagrancy as a common response to poverty, labor dislocation, and changing social norms, as well as how this strategy changed over time and adapted to regional peculiarities. Part of a growing literature on world history, Cast Out offers fresh perspectives and new research in fields that have yet to fully investigate vagrancy and homelessness. This book by leading scholars in the field is for policy makers, as well as for courses on poverty, homelessness, and world history. Contributors: Richard B. Allen David Arnold A. L. Beier Andrew Burton Vincent DiGirolamo Andrew A. Gentes Robert Gordon Frank Tobias Higbie Thomas H. Holloway Abby Margolis Paul Ocobock Aminda M. Smith Linda Woodbridge
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
Listen to a short interview with Risa Goluboff Host: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.
Tracking an underground language and the outcasts who depended on it for their survival. Centuries ago in middle Europe, a coded language appeared, scrawled in graffiti and spoken only by people who were "wiz" (in the know). This hybrid language, dubbed Rotwelsch, facilitated survival for people in flight—whether escaping persecution or just down on their luck. It was a language of the road associated with vagabonds, travelers, Jews, and thieves that blended words from Yiddish, Hebrew, German, Romani, Czech, and other European languages and was rich in expressions for police, jail, or experiencing trouble, such as "being in a pickle." This renegade language unsettled those in power, who responded by trying to stamp it out, none more vehemently than the Nazis. As a boy, Martin Puchner learned this secret language from his father and uncle. Only as an adult did he discover, through a poisonous 1930s tract on Jewish names buried in the archives of Harvard’s Widener Library, that his own grandfather had been a committed Nazi who despised this "language of thieves." Interweaving family memoir with an adventurous foray into the mysteries of language, Puchner crafts an entirely original narrative. In a language born of migration and survival, he discovers a witty and resourceful spirit of tolerance that remains essential in our volatile present.
Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.
