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Bayonets In Paradise

Author: Harry N. Scheiber
Publisher:
ISBN: 9780824852887
Size: 67.45 MB
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This authoritative study recounts the extraordinary story of how the US army imposed rigid and absolute control on the total population of Hawaii during WWII. Based on archival sources, it places the long-neglected and largely unknown history of martial law in Hawai'i in the larger context of America's ongoing struggle between the defence of constitutional liberties and the exercise of emergency powers.

Habeas Corpus In Wartime

Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0190855525
Size: 71.16 MB
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Habeas Corpus in Wartimeunearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

Perilous Times

Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Size: 14.69 MB
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An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

Hawai I Chronicles Three

Author: Bob Dye
Publisher: University of Hawaii Press
ISBN: 9780824822897
Size: 61.17 MB
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Pearl Harbor. December 7, 1941--in the words of President Franklin Roosevelt, a date which will live in infamy. More than 350 Japanese bombers, fighters, and torpedo planes struck Hawai'i in two waves, sinking or disabling eighteen ships and destroying more than two hundred aircraft. Close to 2,500 American military and civilians died that morning, another 1,178 were wounded. The Hawaiian Islands had been pulled into the Pacific War and the lives of its citizens were irrevocably changed. Hawai'i Chronicles III: World War Two in Hawai'i looks at the human and social impact of the war on the people of Hawai'i from 1938, when speculation of a Pacific War first surfaced, to the era of postwar prosperity that followed. Editor Bob Dye has selected articles that originally appeared in the popular monthly magazine Paradise of the Pacific (now known as Honolulu magazine). An introduction describes the history of the magazine and the colorful characters who published and edited it. Dye then poses the question: How did Hawai'i's citizenry cope with the war? Blackouts, media censorship, gas and food rationing were imposed. Schools were commandeered, jobs were changed or modified to support the war effort (lei makers were set to making camouflage netting). And soldiers were everywhere: stringing barbed wire (along Waikiki Beach ), guarding public buildings and searching anyone who entered, worrying parents when they dated their daughters. Paradise of the Pacific provided its readers with an informative, perceptive, and often entertaining look at these and other everyday experiences of life in wartime Hawai'i.

The Cambridge History Of Law In America

Author: Michael Grossberg
Publisher: Cambridge University Press
ISBN: 0521803071
Size: 28.23 MB
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This volume covers the twentieth century after World War I and makes predictions for the twenty-first century.

Prisoners Without Trial

Author: Roger Daniels
Publisher: Macmillan
ISBN: 9780809078967
Size: 62.15 MB
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Part of Hill and Wang's Critical Issues Series and well established on college reading lists, PRISONERS WITHOUT TRIAL presents a concise introduction to a shameful chapter in American history: the incarceration of nearly 120,000 Japanese Americans during World War II. With a revised final chapter and expanded recommended readings, Roger Daniels's updated edition examines a tragic event in our nation's past and thoughtfully asks if it could happen again.

Earl Warren And The Warren Court

Author: Harry N. Scheiber
Publisher: Lexington Books
ISBN: 9780739116357
Size: 53.48 MB
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Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice."

Race On Trial

Author: Annette Gordon-Reed
Publisher: Oxford University Press
ISBN: 9780198028666
Size: 76.23 MB
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is book of twelve original essays will bring together two themes of American culture: law and race. The essays fall into four groups: cases that are essential to the history of race in America; cases that illustrate the treatment of race in American history; cases of great fame that became the trials of the century of their time; and cases that made important law. Some of the cases discussed include Amistad, Dred Scott, Plessy v. Ferguson, Scottsboro, Korematsu v. US, Brown v. Board, Loving v. Virginia, Regents v. Bakke, and OJ Simpson. All illustrate how race often determined the outcome of trials, and how trials that confront issues of racism provide a unique lens on American cultural history. Cases include African-Americans, Asian-Americans, and Caucasians. Contributors include a mix of junior and senior scholars in law schools and history departments.

Hawaiian Blood

Author: J. Kēhaulani Kauanui
Publisher: Duke University Press
ISBN: 082239149X
Size: 12.31 MB
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In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

Military Justice

Author: Eugene R. Fidell
Publisher: LexisNexis
ISBN: 1422498611
Size: 19.97 MB
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Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi- national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far- ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the u