Carlos A. Ball (ed.)
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9781479883080
- eISBN:
- 9781479898794
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479883080.001.0001
- Subject:
- Law, Family Law
This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality ...
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This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?In doing so, it explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy.Less
This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?In doing so, it explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy.
David Garland, Randall McGowen, and Michael Meranze (eds)
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732663
- eISBN:
- 9780814733042
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732663.001.0001
- Subject:
- Law, Criminal Law and Criminology
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the ...
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Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in America's public life and left an indelible imprint on politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. This book takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This book represents an effort to restore the sense of capital punishment as a question caught up in history. The chapters pursue different strategies for unsettling the usual terms of the debate. In particular, the chapters use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment.Less
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in America's public life and left an indelible imprint on politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. This book takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This book represents an effort to restore the sense of capital punishment as a question caught up in history. The chapters pursue different strategies for unsettling the usual terms of the debate. In particular, the chapters use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment.
George Athan Billias
- Published in print:
- 2009
- Published Online:
- March 2016
- ISBN:
- 9780814791073
- eISBN:
- 9780814739013
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791073.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Constitutionalism represents America's greatest gift to human freedom, yet its story remains largely untold. For over 200 years, its ideals, ideas, and institutions influenced different peoples in ...
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Constitutionalism represents America's greatest gift to human freedom, yet its story remains largely untold. For over 200 years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. This book traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful “shot heard round the world” and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and this book tells a story that will change the way readers view the important role American constitutionalism played during this era.Less
Constitutionalism represents America's greatest gift to human freedom, yet its story remains largely untold. For over 200 years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. This book traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful “shot heard round the world” and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and this book tells a story that will change the way readers view the important role American constitutionalism played during this era.
Peter J. Spiro
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780814785829
- eISBN:
- 9780814724347
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814785829.001.0001
- Subject:
- Law, Human Rights and Immigration
Although commonplace today, dual citizenship was once considered an abnormality, or even an abomination. Yet by the last decades of the twentieth century, perhaps fueled by the civil rights movement ...
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Although commonplace today, dual citizenship was once considered an abnormality, or even an abomination. Yet by the last decades of the twentieth century, perhaps fueled by the civil rights movement in America as well as worldwide liberation movements, a global emphasis on human rights helped chip away the stigma traditionally attached to dual citizenship. At Home in Two Countries charts the history of dual citizenship in America from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.Less
Although commonplace today, dual citizenship was once considered an abnormality, or even an abomination. Yet by the last decades of the twentieth century, perhaps fueled by the civil rights movement in America as well as worldwide liberation movements, a global emphasis on human rights helped chip away the stigma traditionally attached to dual citizenship. At Home in Two Countries charts the history of dual citizenship in America from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
Howard Ball
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814791042
- eISBN:
- 9780814769751
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791042.001.0001
- Subject:
- Law, Human Rights and Immigration
Over the past hundred years, average life expectancy in America has nearly doubled. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely ...
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Over the past hundred years, average life expectancy in America has nearly doubled. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was forty-seven years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly eighty years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig's disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. This book poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness? The book charts how the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, the book contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance.Less
Over the past hundred years, average life expectancy in America has nearly doubled. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was forty-seven years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly eighty years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig's disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. This book poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness? The book charts how the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, the book contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance.
Shoba Wadhia
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781479829224
- eISBN:
- 9781479807543
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479829224.001.0001
- Subject:
- Law, Human Rights and Immigration
When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer, Leon Wildes, made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status ...
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When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer, Leon Wildes, made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to the prosecutorial discretion policy of the Immigration and Naturalization Service (INS)—a policy maintained by the INS’s successor, the Department of Homeland Security (DHS). In U.S. immigration law, the relevant federal agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of the law against one or more persons. A prosecutorial discretion grant is important to an agency seeking to focus on the “truly dangerous,” conserve resources, and enforce immigration law with compassion. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program, a record number of deportations, and the stalemate in Congress over immigration reform. This is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law, unveiling the powerful role it plays in protecting individuals from deportation and conserving government resources. Shoba Sivaprasad Wadhia draws on her experience as an immigration attorney, policy leader, and law professor to advocate for bolder standards of prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.Less
When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer, Leon Wildes, made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to the prosecutorial discretion policy of the Immigration and Naturalization Service (INS)—a policy maintained by the INS’s successor, the Department of Homeland Security (DHS). In U.S. immigration law, the relevant federal agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of the law against one or more persons. A prosecutorial discretion grant is important to an agency seeking to focus on the “truly dangerous,” conserve resources, and enforce immigration law with compassion. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program, a record number of deportations, and the stalemate in Congress over immigration reform. This is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law, unveiling the powerful role it plays in protecting individuals from deportation and conserving government resources. Shoba Sivaprasad Wadhia draws on her experience as an immigration attorney, policy leader, and law professor to advocate for bolder standards of prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.
James B. Jacobs and Kerry T. Cooperman
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814743089
- eISBN:
- 9780814743669
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814743089.001.0001
- Subject:
- Law, Criminal Law and Criminology
In 1988, Manhattan US Attorney Rudolph Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most ...
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In 1988, Manhattan US Attorney Rudolph Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job. This book is an in-depth study of the US v. IBT, beginning with Giuliani's lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. The book addresses the larger question of the limits of legal reform in the American labor movement and the appropriate level of government involvement.Less
In 1988, Manhattan US Attorney Rudolph Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job. This book is an in-depth study of the US v. IBT, beginning with Giuliani's lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. The book addresses the larger question of the limits of legal reform in the American labor movement and the appropriate level of government involvement.
Kaaryn S. Gustafson
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732311
- eISBN:
- 9780814733394
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732311.001.0001
- Subject:
- Law, Employment Law
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between ...
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Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred—so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between. This book endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. It shows why welfare cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, the book challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.Less
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred—so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between. This book endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. It shows why welfare cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, the book challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.
Sacha M. Coupet and Ellen Marrus (eds)
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814723852
- eISBN:
- 9780814724217
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814723852.001.0001
- Subject:
- Law, Family Law
American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways ...
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American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. It also explores whether and when children have a right to expression as understood within the First Amendment. This book goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.Less
American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. It also explores whether and when children have a right to expression as understood within the First Amendment. This book goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.
Rodney A. Smolla
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814741030
- eISBN:
- 9780814788561
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814741030.001.0001
- Subject:
- Law, Constitutional and Administrative Law
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has ...
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American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on U.S. campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values. This book uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, it demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life. The book demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.Less
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on U.S. campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values. This book uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, it demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life. The book demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.
Global Competition
Judicial Control in the European Union
Broken Engagements
From Sword to Shield
Property and Community
The Philosophy of Criminal Law
Regulating Health and Environmental Risks under WTO Law
The Treatment of Combatants and Insurgents under the Law of Armed Conflict
Evidence, Proof, and Fact-Finding in WTO Dispute Settlement
