In the 1980s, America was gripped by widespread panics about Satanic cults. Conspiracy theories abounded about groups who were allegedly abusing children in day-care centers, impregnating girls for infant sacrifice, brainwashing adults, and even controlling the highest levels of government. As historian of religions David Frankfurter listened to these sinister theories, it occurred to him how strikingly similar they were to those that swept parts of the early Christian world, early modern Europe, and postcolonial Africa. He began to investigate the social and psychological patterns that give rise to these myths. Thus was born Evil Incarnate, a riveting analysis of the mythology of evilconspiracy. The first work to provide an in-depth analysis of the topic, the book uses anthropology, the history of religion, sociology, and psychoanalytic theory, to answer the questions "What causes people collectively to envision evil and seek to exterminate it?" and "Why does the representation of evil recur in such typical patterns?" Frankfurter guides the reader through such diverse subjects as witch-hunting, the origins of demonology, cannibalism, and the rumors of Jewish ritual murder, demonstrating how societies have long expanded upon their fears of such atrocities to address a collective anxiety. Thus, he maintains, panics over modern-day infant sacrifice are really not so different from rumors about early Christians engaging in infant feasts during the second and third centuries in Rome. In Evil Incarnate, Frankfurter deepens historical awareness that stories of Satanic atrocities are both inventions of the mind and perennial phenomena, not authentic criminal events. True evil, as he so artfully demonstrates, is not something organized and corrupting, but rather a social construction that inspires people to brutal acts in the name of moral order.
Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.
Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over “original intent” versus a “living Constitution,” the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1994.
Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; recommended for all academic and public libraries."—Library Journal "...achieves the goal of presenting a serious overview of the Supreme Court."—Booklist "At its reasonable price this title should be found in every American library, public as well as academic. It should also be purchased by every high school library, no matter how small the school body may be."—American Reference Books Annual From the structure of the Supreme Court to its proceedings, this comprehensive encyclopedia presents the cornerstone of the American justice system. Featuring more than 600 A-to-Z entries—written by leading academics and lawyers—Encyclopedia of the Supreme Court, Second Edition offers a thorough review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Entries include: Abortion Capital punishment Citizens United v. Federal Election Commission Double jeopardy employment discrimination Federalism Masterpiece Cakeshop v. Colorado Civil Rights Commission Obergefell v. Hodges police use of force public health and the U.S. Constitution Thurgood Marshall Title IX and schools United States v. Nixon Earl Warren Wiretapping
With a new Afterword, Pulitzer Prize-winning author Kennedy reveals how the First World War's legacy of Wilsonian idealism is reflected today in President George W. Bush's National Security Strategy.
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor
The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts. "Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."—Robert Stevens, New York Times Book Review
A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, United States Circuit Judge for the United States Court of Appeals David Barron opens with an account of George Washington and the Continental Congress over Washington's plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country's revered and colorful presidents at their most trying times--Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately--and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate"--
The Fifties is a sweeping social, political, economic, and cultural history of the ten years that Halberstam regards as seminal in determining what our nation is today. Halberstam offers portraits of not only the titans of the age: Eisenhower Dulles, Oppenheimer, MacArthur, Hoover, and Nixon, but also of Harley Earl, who put fins on cars; Dick and Mac McDonald and Ray Kroc, who mass-produced the American hamburger; Kemmons Wilson, who placed his Holiday Inns along the nation's roadsides; U-2 pilot Gary Francis Powers; Grace Metalious, who wrote Peyton Place; and "Goody" Pincus, who led the team that invented the Pill. A NEW YORK TIMES BESTSELLER
Here is the first full-length biography of Herbert Croly (1869-1930), one of the major American social thinkers of the twentieth century. David W. Levy explains the origins and impact of Croly's penetrating analysis of American life and tells the story of a career that included his founding of one of the most influential journals of the period, The New Republic, in 1914 and his writing of The Promise of American Life (1909), a landmark in the history of American ideas. Originally published in 1984. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.
Pulitzer Prize–winning author David J. Garrow’s stirring and essential history of the politics of abortion and America’s battle for the right to choose In 1973, the Supreme Court handed down its landmark Roe v. Wade decision legalizing abortion, and more than forty years later the issue continues to spark controversy and divisiveness. But behind this historic legal case lie the battles women fought to establish their rights to use contraceptives and choose to have an abortion. Liberty and Sexuality traces these political and legal struggles in the decades leading up to Roe v. Wade—including the momentous 1965 Supreme Court ruling in Griswold v. Connecticut that established a constitutional “right to privacy.” Garrow personalizes the struggles by detailing the vital contributions made by dozens of crusaders who tirelessly paved the way. This expansive and substantial work also addresses the threats to sexual privacy and the legality of abortion that have risen since Roe v. Wade. With abortion still a contentious subject on the national political landscape, Liberty and Sexuality is not just a historical account of the right to choose, but an indispensable read about preserving a freedom that continues to divide America.
While the clash between what has been called the modern and undeveloped worlds has led to America's military involvement in the Middle East and other places, few people realize the tension between the modern and the traditional within the United States. Beginning in the 1920's, professional intellectuals and academics began influencing the nation's public policy on matters as diverse as education, economics, and public health. In this thoughtful work, David A. Horowitz analyzes the tension between the so-called New Class of knowledge professionals and their critics, who accused them of being out of touch with the common sense of everyday people, strangers to the American Way, even Communists. America's Political Class Under Fire is organized over nine periods of 20th-century history, providing a window into everything from the Scopes evolution trial and McCarthyism to affirmative action and the Clinton health care fiasco. Along the way, the book explores the New Left, populist conservatism, and the mid-90's reaction to political liberalism, which saw Newt Gingrich rise to the top post in the House of Representatives. In telling these stories, Horowitz seeks to encourage a more balanced and fair-minded assessment of the consequences of expertise and applied intellect to democratic existence in the United States.
This book argues that it was primarily the encounter with totalitarianism that dissolved the ideals of American progressivism and crystallized the ideals of postwar liberalism. In politics, the ideal of governance by a strong, independent executive was rejected and a politics of contending interest groups was embraced.
Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public? Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.
A Pulitzer Prize winner’s in-depth look at four media-business giants: CBS-TV, Time magazine, the Washington Post, and the Los Angeles Times. In this fascinating New York Times bestseller, the author of The Best and the Brightest, The Fifties, and other acclaimed histories turns his investigative eye to the rise of the American media in the twentieth century. Focusing on the successes and failures of CBS Television, Time magazine, the Washington Post, and the Los Angeles Times, David Halberstam paints a portrait of the era when large, powerful mainstream media sources emerged as a force, showing how they shifted from simply reporting the news to becoming a part of it. By examining landmark events such as Franklin D. Roosevelt’s masterful use of the radio and the unprecedented coverage of the Watergate break-in, Halberstam demonstrates how print and broadcast media as a whole became a player in society and helped shape public policy. Drawn from hundreds of exhaustive interviews with insiders at each company, and hailed by the Seattle Times as “a monumental X-ray study of power,” The Powers That Be reveals the tugs-of-war between political ambition and the quest for truth in a page-turning read. This ebook features an extended biography of David Halberstam.
David Rabban provides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right.
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
David Ellenson prefaces this fascinating collection of twenty-three essays with a remarkably candid account of his intellectual journey from boyhood in Virginia to the scholarly immersions in the history, thought, and literature of the Jewish people that have informed his research interests in a long and distinguished academic career. Ellenson, President of the Hebrew Union College-Jewish Institute of Religion, has been particularly intrigued by the attempts of religious leaders in all denominations of Judaism, from Liberal to Neo-Orthodox, to redefine and reconceptualize themselves and their traditions in the modern period as both the Jewish community and individual Jews entered radically new realms of possibility and change. The essays are grouped into five sections. In the first, Ellenson reflects upon the expression of Jewish values and Jewish identity in contemporary America, explains his debt to Jacob Katz's socio-religious approach to Jewish history, and shows how the works of non-Jewish social historian Max Weber highlight the tensions between the universalism of western thought and Jewish demands for a particularistic identity. In the second section, "The Challenge of Emanicpation," he indicates how Jewish religious leaders in nineteenth-century Europe labored to demonstrate that the Jewish religion and Jewish culture were worthy of respect by the larger gentile world. In a third section, "Denominational Responses," Ellenson shows how the leaders of Liberal and Orthodox branches of Judaism in Central Europe constructed novel parameters for their communities through prayer books, legal writings, sermons, and journal articles. The fourth section, "Modern Responsa," takes a close look at twentieth-century Jewish legal decisions on new issues such as the status of woemn, fertility treatments, and even the obligations of the Israeli government towards its minority populations. Finally, review essays in the last section analyze a few landmark contemporary works of legal and liturgical creativity: the new Israeli Masorti prayer book, David Hartman's works on covenantal theology, and Marcia Falk's Book of Blessings. As Ellenson demonstrates, "The reality of Jewish cultural and social integration into the larger world after Emancipation did not signal the demise of Judaism. Instead, the modern setting has provided a challenging context where the ongoing creativity and adaptability of Jewish religious leaders of all stripes has been tested and displayed.
This exploration of cultural resilience examines the complex fate of classical Egyptian religion during the centuries from the period when Christianity first made its appearance in Egypt to when it became the region's dominant religion (roughly 100 to 600 C.E. Taking into account the full range of witnesses to continuing native piety--from papyri and saints' lives to archaeology and terracotta figurines--and drawing on anthropological studies of folk religion, David Frankfurter argues that the religion of Pharonic Egypt did not die out as early as has been supposed but was instead relegated from political centers to village and home, where it continued a vigorous existence for centuries. In analyzing the fate of the Egyptian oracle and of the priesthoods, the function of magical texts, and the dynamics of domestic cults, Frankfurter describes how an ancient culture maintained itself while also being transformed through influences such as Hellenism, Roman government, and Christian dominance. Recognizing the special characteristics of Egypt, which differentiated it from the other Mediterranean cultures that were undergoing simultaneous social and political changes, he departs from the traditional "decline of paganism/triumph of Christianity" model most often used to describe the Roman period. By revealing late Egyptian religion in its Egyptian historical context, he moves us away from scenarios of Christian triumph and shows us how long and how energetically pagan worship survived.
Fragments of Modernity, first published in 1985, provides a critical introduction to the work of three of the most original German thinkers of the early twentieth century. In their different ways, all three illuminated the experience of the modern urban life, whether in mid nineteenth-century Paris, Berlin at the turn of the twentieth century or later as the vanguard city of the Weimar Republic. They related the new modes of experiencing the world to the maturation of the money economy (Simmel), the process of rationalization of capital (Kracauer) and the fantasy world of commodity fetishism (Benjamin). In each case they focus on those fragments of social experience that could best capture the sense of modernity.
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