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Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
Throughout his career, William Faulkner produced a literary discourse remarkably contiguous with other discourses of American culture, but seldom has his work been explored as a participant in the shifts and ruptures that characterize modern discursive systems. Charles Hannon argues in his brilliant new study that the language of Faulkner's fiction is replete with the voiced conflicts that shaped America and the South from the 1920s to1950. Specifically, Hannon takes five contemporary debates -- in historiography, law, labor, ethnography, and film -- and relates them both to canonical and less-discussed texts of Faulkner. Hannon employs a theoretical middle ground between Michael Bakhtin's stylistics of the novel and Michel Foucault's model of discourse as an autonomous self-regulated domain, while also drawing from the vast critical literature on Faulkner's fiction. He begins by linking the story cycle The Unvanquished to the battle over interpretations of American history as voiced by the Nashville Agrarians on the one hand and W. E. B. DuBois on the other. Next Hannon shows how Faulkner's detective fiction of the early 1930s and portions of his novel The Hamlet were affected by the emerging schism between adherents of a new school of legal realism and those bound to a more conservative formalist jurisprudence. According to Hannon, Faulkner's great novel Absalom, Absalom! reflects in its depiction of various forms of labor one of Franklin Roosevelt's major New Deal accomplishments -- the Wagner Act of 1935 -- as well as contract disputes in the agricultural and manufacturing South and in the film studios of Hollywood. Hannon discusses Faulkner's experimentation in The Hamlet vis-á-vis the development of the ethnographic method in the field of anthropology. He concludes with a fascinating analysis of the filming of Intruder in the Dust in Faulkner's hometown of Oxford, Mississippi. Through Hannon's keen interpretive readings, Faulkner's texts emerge as a complex "node" in the larger discursive conflicts of his time. Though he often seemed to be detached from influence, Faulkner was, Hannon reveals, intensely attentive to ideas at the fore.
This edition is the first of its kind to offer a basic collection of facsimile, English language, historical articles on all aspects of the extermination of the European Jews. A total of 300 articles from 84 journals and collections allows the reader to gain an overview of this field. The edition both provides access to the immense, rich array of scholarly articles published after 1960 on the history of the Holocaust and encourages critical assessment of conflicting interpretations of these horrifying events. The series traces Nazi persecution of Jews before the implementation of the "Final Solution", demonstrates how the Germans coordinated anti-Jewish activities in conquered territories, and sheds light on the victims in concentration camps, ending with the liberation of the concentration camp victims and articles on the trials of war criminals. The publications covered originate from the years 1950 to 1987. Included are authors such as Jakob Katz, Saul Friedländer, Eberhard Jäckel, Bruno Bettelheim and Herbert A. Strauss.
Crossing over the Line describes the folly of the Mann Act of 1910—a United States law which made travel from one state to another by a man and a woman with the intent of committing an immoral act a major crime. Spawned by a national wave of "white slave trade" hysteria, the Act was created by the Congress of the United States as a weapon against forced prostitution. This book is the first history of the Mann Act's often bizarre career, from its passage to the amendment that finally laid it low. In David J. Langum's hands, the story of the Act becomes an entertaining cautionary tale about the folly of legislating private morality. Langum recounts the colorful details of numerous court cases to show how enforcement of the Act mirrored changes in America's social attitudes. Federal prosecutors became masters in the selective use of the Act: against political opponents of the government, like Charlie Chaplin; against individuals who eluded other criminal charges, like the Capone mobster "Machine Gun" Jack McGurn; and against black men, like singer Chuck Berry and boxer Jack Johnson, who dared to consort with white women. The Act engendered a thriving blackmail industry and was used by women like Frank Lloyd Wright's wife to extort favorable divorce settlements. "Crossing over the Line is a work of scholarship as wrought by a civil libertarian, and the text . . . sizzles with the passion of an ardent believer in real liberty under reasonable laws."—Jonathan Kirsch, Los Angeles Times
During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.
Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.
American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.
Discusses the ramifications of the policy of managing the influences to which students are exposed in the school environment. The author examines this in the context of freedom of speech as protected by the First Amendment and cites specific precedents as set by the Supreme Court.