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The Pullman Case - David Ray Papke - Bog - University Press of Kansas - Plusbog.dk

The Pullman Case - David Ray Papke - Bog - University Press of Kansas - Plusbog.dk

When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America''s largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation''s history.David Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs''s contempt citation, dealt fatal blows to broad-based unionism in the nation''s most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come.The Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs''s fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company''s treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs''s passionate commitment to workers'' rights, and providing a window on America during a period of rapid industrialization and social transformation.Papke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.

DKK 200.00
1

The Detroit School Busing Case - Joyce Baugh - Bog - University Press of Kansas - Plusbog.dk

The Detroit School Busing Case - Joyce Baugh - Bog - University Press of Kansas - Plusbog.dk

In the wake of Brown v. Board of Education, racial equality in American public education appeared to have a bright future. But, for many, that brightness dimmed considerably following the Supreme Court’s landmark decision in Milliken v. Bradley (1974). While the literature on Brown is voluminous, Joyce Baugh’s measured and insightful study offers the only available book-length analysis of Milliken, the first major desegregation case to originate outside the South. As Baugh chronicles, when the city of Detroit sought to address school segregation by busing white students to black schools, a Michigan statute signed by Gov. William Milliken overruled the plan. In response, the NAACP sued the state on behalf of Ronald Bradley and other affected parents. The federal district court sided with the plaintiffs and ordered the city and state to devise a “metropolitan” plan that crossed city lines into the suburbs and encompassed a total of fifty-four school districts. The state, however, appealed that decision all the way to the Supreme Court. In its controversial 5-4 decision, the Court’s new conservative majority ruled that, since there was no evidence that the suburban school districts had deliberately engaged in a policy of segregation, the lower court’s remedy was “wholly impermissible” and not justified by Brown—which the Court said could only address de jure, not de facto segregation. While the Court’s majority expressed concern that the district court’s remedy threatened the sanctity of local control over schools, the minority contended that the decision would allow residential segregation to be used as a valid excuse for school segregation. To reconstruct the proceedings and give all claims a fair hearing, Baugh interviewed lawyers representing both sides in the case, as well as the federal district judge who eventually closed the litigation; plumbed the papers of Justices Blackmun, Brennan, Douglas, and Marshall; talked with the main reporter who covered the case; and researched the NAACP files on Milliken. What emerges is a detailed account of how and why Milliken came about, as well as its impact on the Court’s school-desegregation jurisprudence and on public education in American cities.

DKK 317.00
1

The Detroit School Busing Case - Joyce A. Baugh - Bog - University Press of Kansas - Plusbog.dk

The Detroit School Busing Case - Joyce A. Baugh - Bog - University Press of Kansas - Plusbog.dk

In the wake of Brown v. Board of Education, racial equality in American public education appeared to have a bright future. But, for many, that brightness dimmed considerably following the Supreme Court’s landmark decision in Milliken v. Bradley (1974). While the literature on Brown is voluminous, Joyce Baugh’s measured and insightful study offers the only available book-length analysis of Milliken, the first major desegregation case to originate outside the South. As Baugh chronicles, when the city of Detroit sought to address school segregation by busing white students to black schools, a Michigan statute signed by Gov. William Milliken overruled the plan. In response, the NAACP sued the state on behalf of Ronald Bradley and other affected parents. The federal district court sided with the plaintiffs and ordered the city and state to devise a “metropolitan” plan that crossed city lines into the suburbs and encompassed a total of fifty-four school districts. The state, however, appealed that decision all the way to the Supreme Court. In its controversial 5-4 decision, the Court’s new conservative majority ruled that, since there was no evidence that the suburban school districts had deliberately engaged in a policy of segregation, the lower court’s remedy was “wholly impermissible” and not justified by Brown—which the Court said could only address de jure, not de facto segregation. While the Court’s majority expressed concern that the district court’s remedy threatened the sanctity of local control over schools, the minority contended that the decision would allow residential segregation to be used as a valid excuse for school segregation. To reconstruct the proceedings and give all claims a fair hearing, Baugh interviewed lawyers representing both sides in the case, as well as the federal district judge who eventually closed the litigation; plumbed the papers of Justices Blackmun, Brennan, Douglas, and Marshall; talked with the main reporter who covered the case; and researched the NAACP files on Milliken. What emerges is a detailed account of how and why Milliken came about, as well as its impact on the Court’s school-desegregation jurisprudence and on public education in American cities.

DKK 374.00
1

The Snail Darter Case - Kenneth M. Murchison - Bog - University Press of Kansas - Plusbog.dk

The Snail Darter Case - Kenneth M. Murchison - Bog - University Press of Kansas - Plusbog.dk

With the discovery of a tiny fish in a soon-to-be-flooded stretch of the Little Tennessee River, construction on a dam that had already cost taxpayers $100 million came crashing to a halt. Thanks to the Endangered Species Act of 1973, the snail darter was instantly transformed into both an icon for species preservation and a despised symbol of the environmental movement''s alleged excesses. The intense legal battle that ensued over its fate was contested all the way to the Supreme Court. The 1978 decision in TVA v. Hill , the Court''s first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. Affirming an injunction that prohibited the Tennessee Valley Authority from completing the Tellico Dam because it would eliminate the snail darter''s only known habitat, the Supreme Court resolved an intragovernmental dispute between the TVA and the Interior Department as well as the claims of the local opponents of the dam. Kenneth Murchison reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam. He traces disputes over the TVA''s mission back to the 1930s and intertwines this with the emergence of federal environmental law in the 1960s and 1970s, culminating in the National Environmental Policy Act and Endangered Species Act, both of which provided a statutory basis for litigating against the dam builders. He continues with an exhaustive analysis of the arguments, deliberations, and decision of the Supreme Court, based largely on original sources, before concluding with a summary of the subsequent congressional actions and administrative proceedings that ultimately allowed the dam''s completion. By plumbing the Court''s deliberations, the politics behind the law, and the way that law spurred political responses, Murchison clarifies how the story of darter and dam came to exemplify the tensions and conflict between legislative and judicial action. Even though its players were left with only partial victories, TVA v. Hill helped to define the modern role of the TVA and remains an important chapter in the development of federal environmental law. Murchison helps us better understand this landmark decision, which drew the battle lines for current debates over the environment and the policies that protect or regulate its use.

DKK 231.00
1

The Case for Gay Rights - David A. J. Richards - Bog - University Press of Kansas - Plusbog.dk

The Case for Gay Rights - David A. J. Richards - Bog - University Press of Kansas - Plusbog.dk

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles--relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates. The distillation of Richards''s thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo. Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia''s anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court''s division in Roe v. Wade . He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer , which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court''s decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act. Eloquent and impassioned, Richards''s work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man''s very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

DKK 285.00
1