Author:
Publisher:
Published: 1988
Total Pages: 868
ISBN-13:
DOWNLOAD EBOOK →Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
Author: Laurence French
Publisher: Rowman & Littlefield
Published: 2003
Total Pages: 266
ISBN-13: 9780830415755
DOWNLOAD EBOOK →Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book
Author: Alison Dundes Renteln
Publisher: Oxford University Press, USA
Published: 2005
Total Pages: 422
ISBN-13: 9780195154030
DOWNLOAD EBOOK →Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
Author: Ruthann Robson
Publisher: Cambridge University Press
Published: 2013-07-29
Total Pages: 273
ISBN-13: 1107244226
DOWNLOAD EBOOK →This book examines how the intertwining of clothes and the United States Constitution raises fundamental questions of hierarchy, sexuality and democracy. Constitutional considerations both constrain and confirm daily choices. In turn, appearances provide multilayered perspectives on the Constitution and its interpretations. Garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race and sexuality. At work, in court, in schools, in prisons and on the streets, clothes and grooming provoke constitutional controversies. Additionally, the production, trade and consumption of apparel implicates constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear - or do not - is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.
Author: Kevin Vallier
Publisher: Oxford University Press
Published: 2018
Total Pages: 329
ISBN-13: 0190666188
DOWNLOAD EBOOK →Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Author: Martin S. Sheffer
Publisher: SUNY Press
Published: 1999-05-13
Total Pages: 242
ISBN-13: 9780791441763
DOWNLOAD EBOOK →Reviews the judicial development of the free exercise of religion clause.
Author: Boris I. Bittker
Publisher: Cambridge University Press
Published: 2015-10-06
Total Pages: 1001
ISBN-13: 1107071828
DOWNLOAD EBOOK →This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.
Author: Richard A. Posner
Publisher: Harvard University Press
Published: 1993-03-15
Total Pages: 524
ISBN-13: 0674255488
DOWNLOAD EBOOK →In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.