Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation. The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society. The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.
Author: David J. Bodenhamer,Randall T. Shepard
Publisher: Ohio University Press
Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Author: Thomas H. Cox
Publisher: Ohio University Press
Historians have long argued that the Great War eradicated German culture from American soil. Degrees of Allegiance examines the experiences of German-Americans living in Missouri during the First World War, evaluating the personal relationships at the local level that shaped their lives and the way that they were affected by national war effort guidelines. Spared from widespread hate crimes, German-Americans in Missouri did not have the same bleak experiences as other German-Americans in the Midwest or across America. But they were still subject to regular charges of disloyalty, sometimes because of conflicts within the German-American community itself. Degrees of Allegiance updates traditional thinking about the German-American experience during the Great War, taking into account not just the war years but also the history of German settlement and the war’s impact on German-American culture.
Harassment and Loyalty in Missouri's German-American Community During World War I
Author: Petra DeWitt
Publisher: Law, Society and Politics in t
Containing more than 450 entries, this easy-to-read encyclopedia provides concise information about the history of and recent trends in drug use and drug abuse in the United States—a societal problem with an estimated cost of $559 billion a year. • Contains more than 450 detailed entries on topics ranging from drugs themselves—such as alcohol, codeine, heroin, marijuana, and methamphetamines—to key individuals like Harry Anslinger to organizations such as the Drug Enforcement Administration (DEA) • Covers the latest developments in U.S. policies and public attitudes toward drugs and drug use • Provides citations with each entry to guide users to other valuable research resources • Features carefully selected primary documents—including excerpts from important laws, policies, and campaigns—that have shaped American drug policy over the decades
Author: Nancy E. Marion,Willard M. Oliver
Category: Political Science
Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy. No Winners Here Tonight explores the history of the death penalty and the question of its fairness through the experience of a single state, Ohio, which, despite its moderate midwestern values, has long had one of the country’s most active death chambers. In 1958, just four states accounted for half of the forty-eight executions carried out nationwide, each with six: California, Georgia, Ohio, and Texas. By the first decade of the new century, Ohio was second only to Texas in the number of people put to death each year. No Winners Here Tonight looks at this trend and determines that capital punishment has been carried out in an uneven fashion from its earliest days, with outcomes based not on blind justice but on the color of a person’s skin, the whim of a local prosecutor, or the biases of the jury pool in the county in which a crime was committed. Andrew Welsh-Huggins’s work is the only comprehensive study of the history of the death penalty in Ohio. His analysis concludes that the current law, crafted by lawmakers to punish the worst of the state’s killers, doesn’t come close to its intended purpose and instead varies widely in its implementation. Welsh-Huggins takes on this controversial topic evenhandedly and with respect for the humanity of the accused and the victim alike. This exploration of the law of capital punishment and its application will appeal to students of criminal justice as well as those with an interest in law and public policy.
Race, Politics, and Geography in One of the Country's Busiest Death Penalty States
Author: Andrew Welsh-Huggins
Publisher: Ohio Univ Pr
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Historical and Contemporary Perspectives on Race and Law
Author: David Thomas Konig,Paul Finkelman,Christopher Alan Bracey
Publisher: Ohio Univ Pr
Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations
An Encyclopedia of History, Politics, Culture, and the Law
Author: Gregg Lee Carter
Category: American literature
On July 2 and 3, 1917, race riots rocked the small industrial city of East St. Louis, Illinois. "American Pogrom" takes the reader beyond that pivotal time in the city s history to explore black people s activism from the antebellum era to the eve of the post World War II civil rights movement. Lumpkins asserts that the race riots were a pogrom an organized massacre of a particular ethnic group orchestrated by certain businessmen intent on preventing black residents from attaining political power and on turning the city into a sundown town permanently cleared of African Americans, he also demonstrates how the African American community survived. He situates the activities of the black citizens of East St. Louis in the context of the larger story of the African American quest for freedom, citizenship, and equality."
The East St. Louis Race Riot and Black Politics
Author: Charles L. Lumpkins
Publisher: Law Society & Politics in the Midwest
The events leading up o the Civil War included the lawful capture and then the “unlawful” release by force of a fugitive slave by a mob of sympathizers outside a Milwaukee courthouse. This book looks at the ensuing trial between the state and federal government over the constitution-ality of the fugitive slave act.
A Fugitive Slave, the Constitution, and the Coming of the Civil War
Author: H. Robert Baker
In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.
Race and Liberty in the Age of Jefferson
Author: Paul Finkelman
How can human beings be induced to sacrifice their lives—even one minute of their lives-for the sake of their group? This question, central to understanding the dynamics of social movements, is at the heart of this collection of original essays. The book is the first to conceptualize and illustrate the complex patterns of negotiation, struggle, borrowing, and crafting that characterize what the editors term "oppositional consciousness"—an empowering mental state that prepares members of an oppressed group to undermine, reform, or overthrow a dominant system. Each essay employs a recent historical case to demonstrate how oppositional consciousness actually worked in the experience of a subordinate group. Based on participant observation and interviews, chapters focus on the successful social movements of groups such as African Americans, people with disabilities, sexually harassed women, Chicano workers, and AIDS activists. Ultimately, Oppositional Consciousness sheds new light on the intricate mechanisms that drive the important social movements of our time. Contributors: Naomi Braine, Sharon Groch, Fredrick C. Harris, Jane Mansbridge, Anna-Maria Marshall, Aldon Morris, Marc Simon Rodriguez, Brett C. Stockdill, Lori G. Waite
The Subjective Roots of Social Protest
Author: Jane J. Mansbridge,Aldon Morris
Publisher: University of Chicago Press
Category: Political Science
This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party. Grounded in an original retelling of Illinois politics of the 1820s and 1830s, the book also includes chapters that connect the state-level narrative to national history, from the birth of the Constitution to the Dred Scott case. In this reinterpretation, Jacksonian party-builders no longer anticipate twentieth-century political assumptions but draw on eighteenth-century constitutional theory to justify a party division between "the democracy" and "the aristocracy." Illinois is no longer a frontier latecomer to democratic party organization but a laboratory in which politicians use Van Buren's version of the Constitution, states' rights, and popular sovereignty to reeducate a people who had traditionally opposed party organization. The modern two-party system is no longer firmly in place by 1840. Instead, the system remains captive to the constitutional commitments on which the Democrats and Whigs founded themselves, even as the specter of sectional crisis haunts the parties' constitutional visions.
Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois
Author: Gerald Leonard
Publisher: Univ of North Carolina Press
Category: Political Science
Winner of the 2009 Society for Cinema and Media Studies Katherine Singer Kovacs Book Award The Midwest of popular imagination is a "Heartland" characterized by traditional cultural values and mass market dispositions. Whether cast positively —; as authentic, pastoral, populist, hardworking, and all-American—or negatively—as backward, narrow–minded, unsophisticated, conservative, and out-of-touch—the myth of the Heartland endures. Heartland TV examines the centrality of this myth to television's promotion and development, programming and marketing appeals, and public debates over the medium's and its audience's cultural worth. Victoria E. Johnson investigates how the "square" image of the heartland has been ritually recuperated on prime time television, from The Lawrence Welk Show in the 1950s, to documentary specials in the 1960s, to The Mary Tyler Moore Show in the 1970s, to Ellen in the 1990s. She also examines news specials on the Oklahoma City bombing to reveal how that city has been inscribed as the epitome of a timeless, pastoral heartland, and concludes with an analysis of network branding practices and appeals to an imagined "red state" audience. Johnson argues that non-white, queer, and urban culture is consistently erased from depictions of the Midwest in order to reinforce its "reassuring" image as white and straight. Through analyses of policy, industry discourse, and case studies of specific shows, Heartland TV exposes the cultural function of the Midwest as a site of national transference and disavowal with regard to race, sexuality, and citizenship ideals.
Prime Time Television and the Struggle for U.S. Identity
Author: Victoria E. Johnson
Publisher: NYU Press
Category: Performing Arts
The year 2003 marks the one-hundredth anniversary of W.E.B. Du Bois' "Souls of Black Folk," in which he declared that "the color line" would be the problem of the twentieth century. Half a century later, Jackie Robinson would display his remarkable athletic skills in "baseball's great experiment." Now, "Sport and the Color Line" takes a look at the last century through the lens of sports and race, drawing together articles by many of the leading figures in Sport Studies to address the African American experience and the history of race relations. The history of African Americans in sport is not simple, and it certainly did not begin in 1947 when Jackie Robinson first donned a Brooklyn Dodgers uniform. The essays presented here examine the complexity of black American sports culture, from the organization of semi-pro baseball and athletic programs at historically black colleges and universities, to the careers of individual stars such as Jack Johnson and Joe Louis, to the challenges faced by black women in sports. What are today's black athletes doing in the aftermath of desegregation, or with the legacy of Muhammad Ali's political stance? The essays gathered here engage such issues, as well as the paradoxes of corporate sport and the persistence of scientific racism in the athletic realm.
Black Athletes and Race Relations in Twentieth Century America
Author: Patrick B. Miller,David K. Wiggins
Countries that are rich in petroleum have less democracy, less economic stability, and more frequent civil wars than countries without oil. What explains this oil curse? And can it be fixed? In this groundbreaking analysis, Michael L. Ross looks at how developing nations are shaped by their mineral wealth--and how they can turn oil from a curse into a blessing. Ross traces the oil curse to the upheaval of the 1970s, when oil prices soared and governments across the developing world seized control of their countries' oil industries. Before nationalization, the oil-rich countries looked much like the rest of the world; today, they are 50 percent more likely to be ruled by autocrats--and twice as likely to descend into civil war--than countries without oil. The Oil Curse shows why oil wealth typically creates less economic growth than it should; why it produces jobs for men but not women; and why it creates more problems in poor states than in rich ones. It also warns that the global thirst for petroleum is causing companies to drill in increasingly poor nations, which could further spread the oil curse. This landmark book explains why good geology often leads to bad governance, and how this can be changed.
How Petroleum Wealth Shapes the Development of Nations
Author: Michael L. Ross
Publisher: Princeton University Press
Category: Political Science
The presidential election of 1884, in which Grover Cleveland ended the Democrats' twenty-four-year presidential drought by defeating Republican challenger James G. Blaine, was one of the gaudiest in American history, remembered today less for its political significance than for the mudslinging and slander that characterized the campaign. But a closer look at the infamous election reveals far more complexity than previous stereotypes allowed, argues Mark Summers. Behind all the mud and malarkey, he says, lay a world of issues and consequences. Summers suggests that both Democrats and Republicans sensed a political system breaking apart, or perhaps a new political order forming, as voters began to drift away from voting by party affiliation toward voting according to a candidate's stand on specific issues. Mudslinging, then, was done not for public entertainment but to tear away or confirm votes that seemed in doubt. Uncovering the issues that really powered the election and stripping away the myths that still surround it, Summers uses the election of 1884 to challenge many of our preconceptions about Gilded Age politics.
The Making of a President, 1884
Author: Mark Wahlgren Summers
Publisher: Univ of North Carolina Press
A Publication of the Indiana Historical Society
In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Illinois, comprised an ethnically and racially diverse population of settlers from northern and southern states, representing both urban and rural mid-nineteenth-century America. It was in these counties that Lincoln developed his law practice, handling more than 5,200 cases in a legal career that spanned nearly twenty-five years. Drawing from a rich collection of legal records, docket books, county histories, and surviving newspapers, McDermott reveals the enormous power jurors wielded over the litigants and the character of their communities.
Author: Stacy Pratt McDermott
Publisher: Ohio University Press