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A concise survey and analysis of presidential attempts over the last thirty years--by Democrats and Republicans alike--to dismantle the regulatory state that first appeared under FDR. Argues that the war against regulation failed and that its excesses remind us of the value and proper role of regulation in American government.
Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority. Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history.
From the 1950s to the late 1990s, agents of the state spied on, interrogated, and harassed gays and lesbians in Canada, employing social ideologies and other practices to construct their targets as threats to society. Based on official security documents and interviews with gays, lesbians, civil servants, and high-ranking officials, this path-breaking book discloses acts of state repression and forms of resistance that raise questions about just whose national security was being protected. Passionate and personalized, this account of how the state used the ideology of national security to wage war on its own people offers ways of understanding, and resisting, contemporary conflicts such as the "war on terror."
Our drug prohibition policy is hopeless, just as Prohibition, our alcohol prohibition policy, was before it. Today there are more drugs in our communities and at lower prices and higher strengths than ever before. We have built large numbers of prisons, but they are overflowing with non-violent drug offenders. The huge profits made from drug sales are corrupting people and institutions here and abroad. And far from being protected by our drug prohibition policy, our children are being recruited by it to a lifestyle of drug use and drug selling. Judge Gray’s book drives a stake through the heart of the War on Drugs. After documenting the wide-ranging harms caused by this failed policy, Judge Gray also gives us hope. We have viable options. The author evaluates these options, ranging from education and drug treatment to different strategies for taking the profit out of drug-dealing. Many officials will not say publicly what they acknowledge privately about the failure of the War on Drugs. Politicians especially are afraid of not appearing "tough on drugs." But Judge Gray’s conclusions as a veteran trial judge and former federal prosecutor are reinforced by the testimonies of more than forty other judges nationwide.
This book explores not only the formal constraints on the conduct of war throughout Western history but also the unwritten conventions about what is permissible in the course of military operations. Ranging from classical antiquity to the present, eminent historians discuss the legal and cultural regulation of violence in such areas as belligerent rights, the treatment of prisoners and civilians, the observing of truces and immunities, the use of particular weapons, siege warfare, codes of honor, and war crimes. The book begins with a general overview of the subject by Michael Howard. The contributors then discuss the formal and informal constraints on conducting war as they existed in classical antiquity, the age of chivalry, early modern Europe, colonial America, and the age of Napoleon. They also examine how these constraints have been applied to wars at sea, on land, and in the air, planning for nuclear war, and national liberation struggles, in which one of the participants is not an organized state. The book concludes with reflections by Paul Kennedy and George Andreopoulos on the main challenges facing the quest for humanitarian norms in warfare in the future.
Why does the United States assign responsibility for different aspects of labor and employment law (e.g., wages and hours, safety and health, collective bargaining, discrimination, etc.) to different agencies, when France, Spain, and their former colonies assign all aspects of labor and employment law to a single agency? Does the US approach, which essentially reduces to "one inspector per law," perform better or worse than the "Latin" model, which implies "one inspector per firm?" And what are the implications for the division of labor in the public sector more generally? Root-Cause Regulation addresses these questions by comparing the evolution of labor market regulation in developed and developing countries over the course of the past century. The results speak not only to the protection of work and workers in the twenty-first century but to the organization of the public sector more generally.--
"This book assesses the unintended consequences of the proliferation of the laws of war for both interstate and civil wars over the past two centuries"--
Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts. Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.
This book investigates the intellectual history of the laws of war. It reconstructs the distinctive ways of thinking about the legal regulation of war in history, contrasts these to more familiar just war and realist approaches, and shows how closely connected they have been to the process of spelling out the nature, function, and powers of state sovereignty.
The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.