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The Insular Cases and the Emergence of American Empire
Focuses on America's first attempts at empire-building through a string of U.S. Supreme Court decisions in the early part of the 20th century that tried to define the legal and constitutional status of America's island territories: Puerto Rico, Cuba, and the Philippines, among others, and reveals how the Court provided the rationalization for the establishment of an American empire.
The Treason Trials of Aaron Burr
"Aaron Burr was an enigma even in his own day. Founding Father and vice president, he engaged in a duel with Alexander Hamilton, resulting in a murder indictment that effectively ended his legal career. And when he turned his attention to entrepreneurial activities on the frontier he was suspected of empire building - and worse." "In the first book dedicated to this important case, Peter Charles Hoffer unveils a cast of characters ensnared by politics and law at the highest levels of government, including President Thomas Jefferson - one of Burr's bitterest enemies - and Chief Justice John Marshall, no fan of either Burr or Jefferson. Hoffer recounts how Jefferson's prosecutors argued that the mere act of discussing an "overt Act of War" - the constitution's definition of treason - was tantamount to committing the act. Marshall, however, ruled that without the overt act, no treasonable action had occurred and neither discussion nor conspiracy could be prosecuted. Subsequent attempts to convict Burr on violations of the Neutrality Act failed as well."--BOOK JACKET.
Lethal Judgments
He shows how these 1997 cases relate to two other famous cases-Karen Ann Quinlan and Nancy Beth Cruzan-and carries the controversy up to the recent trials of Dr. Jack Kevorkian. Urofsky considers the many facets of this knotty argument. He differentiates between discontinuation of medical treatment, assisted suicide, and active euthanasia, and he sensitively examines the issue's social and religious contexts to enable readers to see both sides of the dispute. He also shows that in its ruling the Supreme Court did not slam the door on the subject but left it ajar by allowing states to legislate on the matter as Oregon has already done. By treating assisted suicide simply as a legal question, observes Urofsky, we miss the real importance of the issue.
Landmark Supreme Court Cases
Groundbreaking cases in the American legal system. Through its interpretations of the Constitution and Bill of Rights, the Supreme Court issues decisions that shape American law, define the functioning of government and society,
The Tokyo Rose Case
Iva Ikuku Toguri (1916-2006) was an American citizen, born on the 4th of July. Her parents, first-generation Japanese Americans, embraced their new nation and raised Iva to think, talk, and act like a patriotic American. But, despite her allegiance to the United States, she was forced to spend most of her adult life denying that she was a traitor or that she was World War II's infamous Tokyo Rose. When the Japanese attacked Pearl Harbor, Iva was nursing an ailing aunt in Japan. Prevented from returning to home, she was viewed with suspicion by the Japanese authorities. They hounded her to renounce her American citizenship, which she adamantly refused to do. Pressured to find employment, she ...
Brown V. Board of Education
Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that "Brown" not only changed the national equation of race and caste, it also changed our view of the Court's role in American life.
Slave Law in the American South
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
Gitlow v. New York
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2. Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supr...
Nazi Saboteurs on Trial
"Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time of war. One of America's leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942), reconstructing a rush to judgment that has striking relevance to current events. Fisher contends that the Germans' constitutional right to a civil trial was hijacked by an ill-conceived concentration of power within the presidency, overriding essential checks from the Supreme Court, Congress, and the office of the Judge Advocate General. His book provides a cautionary tale as our nation struggles to balance individual rights and national security."--BOOK JACKET.
Dred Scott and the Politics of Slavery
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
