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Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.
Part of the American Literatures Initiative Series From the patricians of the early republic to post-Reconstruction racial scientists, from fin de siècle progressivist social reformers to post-war sociologists, character, that curiously formable yet equally formidable “stuff,” has had a long and checkered history giving shape to the American national identity. Bodies of Reform reconceives this pivotal category of nineteenth-century literature and culture by charting the development of the concept of “character” in the fictional genres, social reform movements, and political cultures of the United States from the mid-nineteenth to the early-twentieth century. By reading novelists such as Herman Melville, Mark Twain, Pauline Hopkins, and Charlotte Perkins Gilman alongside a diverse collection of texts concerned with the mission of building character, including child-rearing guides, muscle-building magazines, libel and naturalization law, Scout handbooks, and success manuals, James B. Salazar uncovers how the cultural practices of representing character operated in tandem with the character-building strategies of social reformers. His innovative reading of this archive offers a radical revision of this defining category in U.S. literature and culture, arguing that character was the keystone of a cultural politics of embodiment, a politics that played a critical role in determining-and contesting-the social mobility, political authority, and cultural meaning of the raced and gendered body.
The Associational State argues that the relationship between state and civil society is fluid, and that the trajectory of American politics is not driven by ideological difference but by the ability to achieve public ends through partnerships forged between the state and voluntary organizations.
A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.
Twenty-nine collected essays represent a critical history of Shakespeare's play as text and as theater, beginning with Samuel Johnson in 1765, and ending with a review of the Royal Shakespeare Company production in 1991. The criticism centers on three aspects of the play: the love/friendship debate.
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Sometime during the first two decades of the 20th century, the participation of the American electorate began its plummet; voter turnouts fell in each election after record heights in 1890. Kornbluh (history, Michigan State U.) examines mass political behavior in 20 successive national elections, arguing that the rapid decline of electoral participation was gradual and a result of fundamental social change, a conclusion maintained by the author to be at odds with previous literature focusing on discrete political events to explain voter demobilization. Annotation copyrighted by Book News, Inc., Portland, OR