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For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.
For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.
With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.
Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.
In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.
In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her White male colleagues. After years of demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost.
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Borders of Belonging investigates a pressing but previously unexplored aspect of immigration in America—the impact of immigration policies and practices not only on undocumented migrants, but also on their family members, some of whom possess a form of legal status. Heide Castañeda reveals the trauma, distress, and inequalities that occur daily, alongside the stratification of particular family members' access to resources like education, employment, and health care. She also paints a vivid picture of the resilience, resistance, creative responses, and solidarity between parents and children, siblings, and other kin. Castañeda's innovative ethnography combines fieldwork with individuals and family groups to paint a full picture of the experiences of mixed-status families as they navigate the emotional, social, political, and medical difficulties that inevitably arise when at least one family member lacks legal status. Exposing the extreme conditions in the heavily-regulated U.S./Mexico borderlands, this book presents a portentous vision of how the further encroachment of immigration enforcement would affect millions of mixed-status families throughout the country.
This issue of the Yale Law Journal (the sixth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue's contents include: Article, "Administrative Forbearance," by Daniel T. Deacon Essay, "The New Public," by Sarah A. Seo The student contributions are: Note, "How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes," by Robert L. Nightingale Note, "Border Checkpoints and Substantive Due Process: Abortion in the Border Zone," by Kate Huddleston Comment, "The State's Right to Property Under International Law," by Peter Tzeng Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.