When the Nazis came to Skokie

Author: Philippa Strum
Publisher: Univ Pr of Kansas
ISBN: UOM:39015047440584
Release Date: 1999-04
Genre: History

In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.

America History and Life

Author: Eric H. Boehm
Publisher:
ISBN: UOM:39015065819826
Release Date: 2001
Genre: United States

Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

Nazi Saboteurs on Trial

Author: Louis Fisher
Publisher:
ISBN: STANFORD:36105063234103
Release Date: 2005
Genre: Law

The 9/11 attacks were not the first operations by foreign terrorists on American soil. In 1942, during World War II, eight Germans landed on our shores bent on sabotage. Caught before they could carry out their missions, under FDR's presidential proclamation they were hauled before a secret military tribunal and found guilty. After the Supreme Court's emergency session upheld the tribunal's authority, six of the men were executed. Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time of war. One of America's leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942), reconstructing a rush to judgment that has striking relevance to current events. Fisher contends that the Germans' constitutional right to a civil trial was hijacked by an ill-conceived concentration of power within the presidency, overriding essential checks from the Supreme Court, Congress, and the office of the Judge Advocate General. He reveals that the trials were conducted in secret not to preserve national security but rather to shield the government's chief investigators and sentencing decisions from public scrutiny and criticism. Thus, the FBI's bogus claim to have nabbed the saboteurs entirely on their own was allowed to stand, while the saboteurs' death sentences were initially kept hidden from public view. Fisher also takes issue with the Bush administration's mistaken citing of Ex parte Quirin as an "apt precedent" for trying suspected al Qaeda terrorists. Concisely designed for students and general readers, this newly abridged and updated edition provides a cautionary tale as our nation struggles to balance individual rights and national security, as seen most clearly in the recent Supreme Court decisions relating to Yaser Esam Hamdi, Jose Padilla, and the "detainees" at Guantanamo.

The Insular cases and the emergence of American empire

Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN: UOM:39015064875373
Release Date: 2006
Genre: History

When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

Slave law in the American South

Author: Mark V. Tushnet
Publisher: Univ Pr of Kansas
ISBN: STANFORD:36105111931627
Release Date: 2003-08
Genre: History

Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a

The Confederacy on trial

Author: Mark A. Weitz
Publisher: Univ Pr of Kansas
ISBN: UOM:39015060849497
Release Date: 2005
Genre: History

In the annals of Civil War history: one overarching dispute remains unsettled: was the United States waging war against another nation or putting down an internal rebellion? In October 1861 three legal battles put this question to the test. As Mark Weitz reveals, these proceedings were instrumental in debating and ultimately shaping the Confederacy's very identity. Weitz takes readers to courtrooms in Philadelphia and New York, where Confederate sailors caught raiding Union vessels were tried for the capital crime of piracy. Their defense argued that they were not pirates at all but privateers acting on behalf of a sovereign nation, and thus were entitle to protection under international laws governing prisoners of war and could not be executed. Meanwhile, in South Carolina, a number of Charleston lawyers challenged the Confederacy's Sequestration Act. This law authorized government seizure of the property of "enemy aliens"-an action viewed by Southerners as a threat to civil liberties and state's rights by,a central government that had assumed excessive powers. By attempting to preserve long-standing Southern traditions regarding private property and due process, the lawyers high-lighted the conflict between the kind of nation the Confederacy wanted to become and the nation it was compelled to be in wartime. Weitz masterfully interweaves these stories, highlighting the extraordinary tensions between legal professionalism and the public clamor for patriotism. He shows that while the Confederacy struggled to balance its commitment to civil rights and state sovereignty with the need to wage war, the United States walked an equally fine line between officially sanctioning the newConfederacy and utilizing war powers normally directed at enemy nations. Ultimately, both sides discovered that war created irreconcilable contradictions that could not be easily resolved. "The Confederacy on Trial provides an unprec

The Yoder Case

Author: Shawn Francis Peters
Publisher:
ISBN: 0700612734
Release Date: 2003
Genre: Law

Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency. But what if a segment of society considers state education detrimental to its own values? In the late 1960s, one Wisconsin Amish community held that view and removed its children from public schools. When the state claimed truancy and took Jonas Yoder and two other parents to court, a legal battle of landmark proportions followed. Prize-winning historian Shawn Peters now offers a complete and compelling account of the Yoder case and of the tortured decision of simple Amish folk to break tradition and "go to law." He examines the breadth of First Amendment protections, the validity of compulsory school attendance, and the fundamental rights of parents and children. He also takes readers deep into the world of the Old Order Amish to show how their beliefs were often at variance with the very measures being undertaken to protect them. While most accounts of Wisconsin v. Yoder have focused on its origins and implications, Peters lays out all the facts of the case to reveal their intrinsic importance. He draws on trial transcripts and in-depth interviews with participants to fully explore the backgrounds, motivations, and strategies of the people who shaped the case-particularly the National Committee for Amish Religious Freedom and its attorney William Ball. He then describes in riveting prose how the trial unfolded, explains the impact of First Amendment jurisprudence on ordinary citizens involved, and shows how a relatively obscure dispute became a conflict of national importance. When the U.S. Supreme Court in 1972 ruled in favor of the Amish, its decision was hailed by many as a victory for religious freedom but was also criticized for conferring special protection on one faith. Yoder was subsequently cited in fundamentalist Christian efforts to excuse children from public schooling, but faith-based exemption to law was ultimately defeated in other tests. Peters traces the progress of such cases into the 1990s to show how Yoder in some ways marked the beginning of the end of an era for religious liberty jurisprudence. In exploring the meaning and legacy of Yoder, Peters reveals not only the human element of a landmark case but also its continuing relevance for our times.

The Slaughterhouse Cases

Author: Ronald M. Labbé
Publisher:
ISBN: 0700614095
Release Date: 2005
Genre: History

While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Sexual harassment and the law

Author: Augustus B. Cochran
Publisher: Univ Pr of Kansas
ISBN: UOM:49015002940816
Release Date: 2004-04
Genre: History

Title Vll of the 1964 Civil Rights Act may have outlawed sex discrimination, but it did not address the sexual harassment of women in the workplace--behavior that courts did not deem illegal until well into the era of the modern civil rights and women's movements. Mechelle Vinson's lawsuit against her employer, "Meritor Savings Bank v. Vinson (1986), changed all of that. Adopting the legal theory pioneered by feminist Catharine MacKinnon that sexual harassment was indeed discriminatory, the Supreme Court's opinion, authored by one of the most conservative justices, brought the problem of sexual harassment into the spotlight and placed power relations between men and women at work squarely on the public agenda. Plaintiff Vinson claimed that she had submitted to the unwanted sexual advances of her supervisor in order to hold onto her job. Although her supervisor denied her charges and the bank he worked for disavowed any knowledge of misbehavior, her suit finally reached the Supreme Court after sixyears of litigation, where a unanimous Court determined that the creation of a "hostile work environment" through sexual harassment was a form of sex discrimination--and that such harassment could be actionable even without economic injury to the plaintiff. Augustus Cochran reexamines the origins, contexts, and impact of this landmark decision and introduces readers to the main actors in the drama: bank teller Vinson, her boss and alleged harasser, and a changing cast of jurists. Cochran traces the case from the lower court's ruling in favor of the bank through the appellate stage overturning that ruling to the Supreme Court's holding that sexual harassment violates Title VII. He analyzes thedecision's contentious legacy, charting the course of issues raised in the case--hostile environment, unwelcomeness, employer liability--as they have played out in later cases. He also examines new and related legal developmen

OAH Newsletter

Author:
Publisher:
ISBN: STANFORD:36105123020690
Release Date: 1998
Genre: United States