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Commodities Regulation: Fraud, Manipulation & Other Claims
Jerry W. Markham
Protect your clients and yourself from investment fraud claims. Learn how to draft documents and safeguard client confidentiality. In-depth coverage addresses specific types of fraud and manipulation and includes guidance for avoiding potential commodity problems.
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Kennewick Man, Identity, and the Failure of Forensic History
Matthew C. Mirow
This work examines the failure of forensic history to define identity in the context of the Kennewick Man case and NAGPRA.
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Diverging Perspectives On Lawmaking: The Delicate Balance Between Congress And The Court
John F. Stack, Jr. and Colton C. Campbell
The formal institutional ties between Congress and the Supreme Court are complex and interdependent. Congress seeks a judicial system that faithfully construes the laws of the legislative branch and efficiently discharges them, whereas the judiciary seeks an environment respectful of its independence (Katzmann 1997). In the end, the relationship between Congress and the Court is critical to the legitimacy and administration of justice.
Congressional-judicial relations are neither static nor unidimensional. History, circumstance, political struggles, and the articulation of issues by Congress and the Court drive the delicate balance among lawmaking functions. For too long, the Supreme Court has been studied as an isolated entity, void of politics, that reaches judgments by some unseen and unknowable logic (Brigham 1987). Likewise, Congress is commonly approached as a singularly political enterprise with little regard for its nuanced lawmaking and lawgiving functions. This is ironic, since as early as 1789, Congress defined the scope and jurisdiction of the federal court system as established under article III of the Constitution. Such legislative precedent helped lay the foundation for a sometime stormy relationship between Congress and the Court.
Our intent is to highlight some of the missing elements involved in congressional- judicial relations. While the Constitution establishes three branches of government, each with distinctively shared functions, no one branch acts alone. As the chapters that follow illustrate, the overlap between Congress and the Court is dynamic, far-reaching, and ongoing. It is a struggle for institutional balance that frequently shifts with the politics of the moment-politics that are themselves reflections of the search for institutional equilibrium.
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The Least Dangerous Branch? The Supreme Court'S New Judicial Activism
John F. Stack, Jr. and Colton C. Campbell
Viewed from the perspective of the new century, federal-state relations are emerging in new and, perhaps, unexpected ways. Central to the revitalized power of states is the Supreme Court's new activism. Such judicial activism is not new; it is inherent in the nature of judicial decision making. Chief Justice John Marshall, with scant authority (reliance on Blackstone's treatise on the Law of England), with a deliberate omission of the second sentence within article III, section 2, paragraph 2 of the U.S. Constitution ("With such exceptions and such regulations as the Congress shall make"), and with exhortation to construe a positive grant of power as negative of any additional powers (the negative implications doctrine), invalidated section E of the Judiciary Act of 1789, establishing the Court's right to overturn an act of Congress deemed inconsistent with the Constitution. Marbury v. Madison (1803), therefore, declares that it is emphatically the province of the judicial department to say what the law is under a Constitution that is acknowledged in Article VI to be the supreme law of the land.
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Quebec Secession In Comparative Perspective
John F. Stack, Jr. and David Carment
As this chapter is being written, it is not possible to envision that an end to Canada's great political drama is in sight. The costs of ongoing political ambiguity and uncertainty appear to be continuing controversy and debate in two critical areas. The first rests on the extent to which Canadians are willing to accept Quebec as a unique political entity in its midst. The second is the corresponding demise of Canada's overarching federal principles-Canada's statehood (Stairs and Doran this volume). Regardless of how Canada's future is played out, it is a critical time to assess the broader, overlooked significance of Quebec secession: the question of international relations in a post-Cold War international system. Central to such an assessment is the extent to which Canada's situation represents a unique case or a prototype for the likely breakup of the essential units of world politics-nation -states.
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The International Politics Of Quebec Secession
John F. Stack, Jr.; David Carment; and Frank Harvey
This book is as much about the changing structure of world politics as it is about the likely breakup of Canada. Indeed, prospects for state making and state breaking in Europe, North America, Africa, and Asia will likely become one of the "hottest" growth areas in the study of world politics in the next several decades. Contrast such a perspective with the disquietude that the prospects of Canadian state breaking raise at the end of the twentieth century and the beginning of the twenty-first. For students of world politics, the emergence of a sovereign, independent Quebec may very well have a surrealistic quality about it because Canada has been so much a part of our understanding of what a stable, affluent, advanced industrial society, with long-standing democratic traditions, is all about. That Canada is also a multi ethnic society with a defined ethnonational homeland seems irrelevant. The importance of the national state and expected satisfaction with one of the world's best standards of living appears to make Canada a secure and dependable country. The prospect of state breaking is unthinkable.
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Canada'S Ethnic Dilemma: Primordial Ethnonationalism In Quebec
John F. Stack, Jr. and Lui Hebron
The seeming pervasiveness of secessionist movements around the world challenges conventional explanations of world politics at the end of the twentieth century. Indeed, many assumptions of Cold War politics are currently being repackaged in systemic level theories that suggest a rational, self-interested concept of political behavior of states and states' elites. Preoccupation with power capabilities at the system level systematically diverts attention from subnational political organizations. This is why ethnonationalism challenges conventional wisdom about the role of states and states' elites in world politics. Increasingly we are presented with examples of individuals and groups aliging their political behavior with that of their ethnic kin, even if they do not represent their class interests (Dogan and Pelassy 1990:63).
In response to these trends, other analysts have offered an alternative view of ethnicity, one that stresses the concept as an internal expression of a basic group identity that persists through change, passed down from one generation to the next, binding the individual to a larger collectivity on the basis of their ineffable affective significance (Isaacs 1975). If instrumentalist arguments can be said to rely on a predominantly rational actor approach of the grievances that are supposed to generate ethnic solidarity, primordialism focuses on the psychological forces of ethnonationalism.
Ethnic-based consciousness is far stronger than that created by political or economic interests-for example, in the case of Quebec, the preservation of the French-Canadian culture.
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Changing Meaning of Honor, Status, and Class: The Letrados and Bureaucrats of New Granada in the Late Colonial and Early Postcolonial Period
Victor M. Uribe-Uran
State and Society in Spanish America during the Age of Revolution calls into question the orthodox split of Latin American history into colonial and modern, arguing that this split obscures significant economic, social, and even political continuities from 1780 to 1850. In addition, the book argues that the colonial-modern division makes it difficult to appraise historical changes in a comprehensive way. The book covers an unconventional period-1750 to 1850-and looks at the continuities over this longer, more comprehensive timespan. The essays discuss late colonial and postcolonial developments in gender, racial, class, and cultural relations across Latin America and in specific regions, including Mexico, Colombia, Argentina, and Chile. By bridging these two eras and looking at the 'Age of Democratic Revolution' as a whole, the book allows readers to see the coming of Latin America's struggle for independence from Spain and Portugal and the changes after independence.
Written by established Latin American scholars as well as up-and-coming historians, these essays are published in this volume for the first time. This book is ideal for courses on Latin American history, including colonial history, national history, and the 'Age of Revolution.'
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Ethnicity, the Nation-state and Drug-related Crime in the Emerging New World Order
John F. Stack Jr.
As a study of the ubiquitous effects of drug trafficking in the Caribbean, this book illustrates the transformation of both the study and practice of contemporary international relations. In the first instance, the study of world politics even in the emerging international system of the 1990s has been slow to come to grips with the dynamic nature of change throughout world politics at the level of international organizations, among states, among and within regions, within state-based societies, and among individuals. The personal computer, the fax machine, and now the Internet make world politics penetrable at all levels and they provide individuals and groups with unprecedented access, as James Rosenau insightfully documents in his pioneering work, Turbulence in World Politics.
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Honorable Lives : Lawyers, Family, and Politics in Colombia, 1780-1850
Víctor M. Uribe-Urán
"Honorable Lives presents a portrait of lawyers in late colonial and early modern Colombia. Uribe-Uran focuses on the social origins, education, and careers of those qualified to practice law before the highest colonial courts - Audiencias - and the republican courts after the 1820s. In the course of his study, Uribe-Uran answers many questions about this elite group of professionals. By exploring the lives of lawyers, Uribe-Uran is also able to present a general history of Latin America while examining the key social and political changes and continuities from 1780 to 1850 - particularly among the elites and state managers."--BOOK JACKET.
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The Trouble with Principle
Stanley Fish
STANLEY FISH is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal high-mindedness and equally absurd results by liberals and conservatives alike. In this bracing book, Fish argues that there is no realm of higher order impartiality -- no neutral or fair territory on which to stake a claim -- and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our nations of intellectual and religious liberty -- cherished by those at both ends of the political spectrum -- are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a distinctive, compelling, and provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.
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Legal History in the Law School Curriculum
Matthew C. Mirow
Most of the essays contained in this book are from speechesgiven at one of the Central-States Law School Association's(CLSA) annual meetings held at St. Louis University Schoolof Law. Speakers from throughout the United States discussed a variety of vital issues of legal education. Togive readers an even broader view of major topics in legaleducation, a selected bibliography has been included in thefinal portion of this book. This book will be of interestto pre-law advisors, students, and faculty as well as youngto experienced, senior law professors.
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The Ascent of the Readings: Some Evidence from Readings on Wills
Matthew C. Mirow
Using readings on wills, this article argues that readings in the Inns of Court were not in a state of decline in the years before the Civil War. Readings addressed new legislation with comprehensive coverage of the major topics found in the statute, presented sound analysis and examples of the law involved, and provided the audience present or later manuscript owners with many important contemporary cases related to the statute. These attributes reveal a legal profession responding effectively to new legislation.
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The Internationalization Of Ethnicity : The Crisis of Legitimacy and Authority In World Politics
John F. Stack, Jr. and Lui Hebron
From Francophone Quebec to Casamance in Senegal and from Mindanao in the Philippines to Derry in Northern Ireland a seemingly new wave of ethnic nationalism is sweeping across the globe. That the intensification of ethnic-based conflict occurs not only in Asian and African states but also in Western Europe and North America, regions generally considered to have ''triumphed over'' ethnic differences, would indicate that the existence of the problem is not confined to any area (Horowitz, 1994: 175-178). Indeed, the pervasiveness of ethnicity and ethnonationalism is now a central issue which all states must increasingly confront in this newly evolving world order. The ramifications of ethnic-based conflict have the potential for escalating into international crises that may well define the post-Cold War international system. That the dominant paradigms of international relations and comparative politics continue to discount the power of ethnicity is one of the central concerns of this book.
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World Politics and the Internationalization of Ethnicity: The Challenge of Primordial and Structural Perspectives
John F. Stack, Jr. and Lui Hebron
Previous research concerning ethnicity in comparative and international politics has been both extensive and polemical. Broad theoretical works have sought to demonstrate the utility (or deficiency) of the concept for understanding collective behavior and social strife (Smith, 1991; Connor, 1972, 1984, 1994; Horowitz, 1985; Rothschild, 1981), while detailed empirical works have debated the presence or absence of trends that may be occurring (Young, 1976, 1993). More recently, several analysts have explored the connection between the post-Cold War order and the resurgence of ethnic-driven conflict (Croucher, 1996; Carment and James, 1994, 1997; Moynihan, 1993).
This chapter examines the primordial and structural perspectives that have been the grist for the academic and policy debate on the role and influence of ethnicity in comparative politics and international relations. The approach used to define and explain manifestations of ethnicity, ethnic mobilization, and types of ethnic conflict-primordial or rational-determine what are identified as central problems for domestic and, international stability. These issues are essential for identifying and comparing the dominant and distinctive forces shaping the current wave of ethnic-based social strife and conflict. And finally, primordial and instrumental/rational approaches are examined because the destabilizing effects and the tendency of polarized ethnic strife to spill over into marginally related arenas are now at the forefront of World politics in a variety of regional balances of power and are a central dimension of current great power politics, as NATO military action .in Montenegro and Kosovo demonstrates.
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Surprised by Sin: The Reader in Paradise Lost, 2nd ed.
Stanley Fish
"In 1967 the world of Milton studies was divided into two armed camps: one proclaiming (in the tradition of Blake and Shelley) that Milton was of the devil's party with or without knowing it, the other proclaiming (in the tradition of Addison and C. S. Lewis) that the poet's sympathies are obviously with God and the angels loyal to him. The achievement of Stanley Fish's Surprised by Sin was to reconcile the two camps by subsuming their claims in a single overarching thesis: Paradise Lost is a poem about how its readers came to be the way they are - that is, fallen - and the poem's lesson is proven on a reader's impulse every time he or she finds a devilish action attractive or a godly action dismaying. Fish's argument reshaped the face of Milton studies; thirty years later the issues raised in Surprised by Sin continue to set the agenda and drive debate."--BOOK JACKET.
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Florida Politics and the Challenge of Ethnicity
John F. Stack Jr., Christopher L. Warren, and Dario Moreno
This text offers information on the operations of government and nuances of politics in the state of Florida, exploring the economic, social and political changes which result as the state responds to its changing status in the federal system and focusing on the features which make Florida unusual.
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![La Codificacion Del Derecho Comercial En Los Estados Unidos [The Codification of Commercial Law in the United States] by Matthew C. Mirow](https://ecollections.law.fiu.edu/faculty_books/1084/thumbnail.jpg "La Codificacion Del Derecho Comercial En Los Estados Unidos [The Codification of Commercial Law in the United States] by Matthew C. Mirow")
La Codificacion Del Derecho Comercial En Los Estados Unidos [The Codification of Commercial Law in the United States]
Matthew C. Mirow
A history and description of the codification of commercial law and the Uniform Commercial Code in the United States. (Una historia y descripcion de la codificacion del derecho comercial y el U.C.C. en los EE.UU).
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Human Rights in the Inter-American System: The Struggle for Emerging Legitimacy?
John F. Stack Jr.
"A unique effort to pull together and analyze disparate supranational judicial and quasi-judicial institutions that have evolved in the aftermath of World War II. . . . The discussion of supranational judicial activities in regard to terrorism and sex discrimination in their relation to human rights is particularly important."--Walter O. Weyrauch, University of Florida, College of Law
In this first book to examine the four so-called supranational courts, authors compare the legitimacy, effectiveness, and political impact of the courts of the European Union, European Council on Human Rights, Organization of American States, and World Trade Organization. Though the ranges of jurisdiction, political clout, and potential for influence of these courts are varied, the authors argue that comparisons are instructive because each of the newer supranational judicial bodies was consciously patterned on its predecessors. Ultimately, as these contributors demonstrate, the construction of courts to apply and resolve "law above nations" may well be the trend for future international conflict resolution.
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The Ethnic Challenge To International Relations Theory
John F. Stack Jr.
As every day's news reports, violent conflicts rooted in ethnicity have erupted all over the world. Since the cold war ended and a new world order has failed to emerge, political leaders in countries long repressed by authoritarianism, such as Yugoslavia, have found it easy to mobilize populations with the ethnic rallying cry. Thus, the worldwide shift to democratization has often resulted in something quite different from effective pluralism.
This volume of essays assembles a diverse array of approaches to the problems of ethnic conflict, with leading researchers and scholars using pure theory, comparative case studies, and aggregate data analysis to approach the knotty questions facing today's leaders. How do we keep communal conflicts from deteriorating into sustained violence? What models can we follow to promote peaceful secession? What effect does, or should, ethnic conflict have on foreign policy?
Presented in a nontechnical, readable style, Wars in the Midst of Peace will be of vital interest to international relations specialists, policymakers, and students and practitioners of peacekeeping in the contemporary world.
"Wars in the Midst of Peace is designed to address one of the most significant topics in the post cold war era. It brings together the thinking of some outstanding scholars". Richard W. Cottam, University of Pittsburgh
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The Most Wonderful Work: Our Constitution Interpreted
Thomas E. Baker
Professor Baker takes major constitutional themes and illustrates them with selections o decisions by thr Supreme Court. Many of the texts chosen are gems from our past, often elegant and eloquent, written by the justices as judicial opinions. The opinions themselves are edited, but expertly so, with citations, Latin phrases, and legal jargon omitted.
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Professional Correctness: Literary studies and political change
Stanley Fish
The discipline of literary criticism is strictly defined, and the most pressing issues of our time―racism, violence against women and homosexuals, cultural imperialism, and the like―are located outside its domain. In Professional Correctness, Stanley Fish raises a provocative challenge to those who try to turn literary studies into an instrument of political change, arguing that when literary critics try to influence society at large by addressing social and political issues, they cease to be literary critics at all. Anyone interested in the debate over the place of cultural studies in the field of literary criticism, or the more general question of whether academics can become the "public intellectuals" many aspire to be, needs to read Fish's powerful and unconventional argument for restoring discipline to the academy.
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Rationing Justice On Appeal: The Problems of the U.S. Courts of Appeals
Thomas E. Baker
Rationing Justice On Appeal: The Problems of the U.S. Court of Appealsexamines the problems and proposed reforms of the United States Courts of Appeals. Professor Baker begins this comprehensive and very readable work with the commandment of Learned Hand that "we shall not ration justice." The book, Baker says, is about the debate whether the U.S. courts of appeals have broken this commandment and, if not, whether Congress and the courts are headed in that direction. Although he demonstrates a broad perspective, his conclusion is that the changes in the operations within the circuit courts have violated Judge Hand's commandment and rendered second-hand justice.
