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Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Category : History
Languages : en
Pages : 233
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Book Description
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Category : History
Languages : en
Pages : 233
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Book Description
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Author: Bartholomew H. Sparrow
Publisher:
ISBN:
Category : History
Languages : en
Pages : 320
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Book Description
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.
Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 097963959X
Category : Law
Languages : en
Pages : 232
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Book Description
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
Category : Law
Languages : en
Pages : 440
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Book Description
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner
Author: Sam Erman
Publisher: Cambridge University Press
ISBN: 1108415490
Category : History
Languages : en
Pages : 293
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Book Description
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199750661
Category : Political Science
Languages : en
Pages : 272
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Tomiko Brown-Nagin
Publisher: Vintage
ISBN: 152474719X
Category : Biography & Autobiography
Languages : en
Pages : 529
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Book Description
A TIME BEST BOOK OF THE YEAR • The first major biography of one of our most influential judges—an activist lawyer who became the first Black woman appointed to the federal judiciary—that provides an eye-opening account of the twin struggles for gender equality and civil rights in the 20th Century. • “Timely and essential."—The Washington Post “A must-read for anyone who dares to believe that equal justice under the law is possible and is in search of a model for how to make it a reality.” —Anita Hill With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hair dresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP's Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen captures the story of a remarkable American life, a figure who remade law and inspired the imaginations of African Americans across the country. Burnished with an extraordinary wealth of research, award-winning, esteemed Civil Rights and legal historian and dean of the Harvard Radcliffe Institute, Tomiko Brown-Nagin brings Motley to life in these pages. Brown-Nagin compels us to ponder some of our most timeless and urgent questions--how do the historically marginalized access the corridors of power? What is the price of the ticket? How does access to power shape individuals committed to social justice? In Civil Rights Queen, she dramatically fills out the picture of some of the most profound judicial and societal change made in twentieth-century America.
Author: Alain-G. Gagnon
Publisher: BRILL
ISBN: 9004367187
Category : Law
Languages : en
Pages : 512
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Book Description
The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices.
Author: Mark V. Barrow
Publisher: University of Chicago Press
ISBN: 0226038157
Category : Nature
Languages : en
Pages : 511
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Book Description
The rapid growth of the American environmental movement in recent decades obscures the fact that long before the first Earth Day and the passage of the Endangered Species Act, naturalists and concerned citizens recognized—and worried about—the problem of human-caused extinction. As Mark V. Barrow reveals in Nature’s Ghosts, the threat of species loss has haunted Americans since the early days of the republic. From Thomas Jefferson’s day—when the fossil remains of such fantastic lost animals as the mastodon and the woolly mammoth were first reconstructed—through the pioneering conservation efforts of early naturalists like John James Audubon and John Muir, Barrow shows how Americans came to understand that it was not only possible for entire species to die out, but that humans themselves could be responsible for their extinction. With the destruction of the passenger pigeon and the precipitous decline of the bison, professional scientists and wildlife enthusiasts alike began to understand that even very common species were not safe from the juggernaut of modern, industrial society. That realization spawned public education and legislative campaigns that laid the foundation for the modern environmental movement and the preservation of such iconic creatures as the bald eagle, the California condor, and the whooping crane. A sweeping, beautifully illustrated historical narrative that unites the fascinating stories of endangered animals and the dedicated individuals who have studied and struggled to protect them, Nature’s Ghosts offers an unprecedented view of what we’ve lost—and a stark reminder of the hard work of preservation still ahead.
Author: Rocío Zambrana
Publisher: Duke University Press
ISBN: 1478013192
Category : History
Languages : en
Pages : 161
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Book Description
With the largest municipal debt in US history and a major hurricane that destroyed much of the archipelago's infrastructure, Puerto Rico has emerged as a key site for the exploration of neoliberalism and disaster capitalism. In Colonial Debts Rocío Zambrana develops the concept of neoliberal coloniality in light of Puerto Rico's debt crisis. Drawing on decolonial thought and praxis, Zambrana shows how debt functions as an apparatus of predation that transforms how neoliberalism operates. Debt functions as a form of coloniality, intensifying race, gender, and class hierarchies in ways that strengthen the colonial relationship between Puerto Rico and the United States. Zambrana also examines the transformation of protest in Puerto Rico. From La Colectiva Feminista en Construcción's actions, long-standing land rescue/occupation in the territory, to the July 2019 protests that ousted former governor Ricardo “Ricky” Rosselló, protests pursue variations of decolonial praxis that subvert the positions of power that debt installs. As Zambrana demonstrates, debt reinstalls the colonial condition and adapts the racial/gender order essential to it, thereby emerging as a key site for political-economic subversion and social rearticulation.
