Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0006
- Subject:
- Political Science, American Politics
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident ...
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Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.Less
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.
Jonathan B. Baker and Carl Shapiro
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195372823
- eISBN:
- 9780199871773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372823.003.0015
- Subject:
- Economics and Finance, Behavioural Economics
The past 40 years have witnessed a transformation in horizontal merger enforcement in the United States. The weight given to market concentration by the federal courts and by the federal antitrust ...
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The past 40 years have witnessed a transformation in horizontal merger enforcement in the United States. The weight given to market concentration by the federal courts and by the federal antitrust agencies has declined dramatically, and increasing weight has been given to three arguments often made by merging firms in their defense: entry, expansion, and efficiencies. This paper documents this shift and provides examples where courts have approved highly concentrating mergers based on limited evidence of entry and expansion. It shows that the decline in antitrust enforcement is ongoing, especially at the current Justice Department. It argues in favor of reinvigorating horizontal merger enforcement by partially restoring the presumption that mergers that produce high combined market shares are questionable. It proposes several routes by which the government can establish its prima facie case, distinguishing between cases involving coordinated versus unilateral anticompetitive effects.Less
The past 40 years have witnessed a transformation in horizontal merger enforcement in the United States. The weight given to market concentration by the federal courts and by the federal antitrust agencies has declined dramatically, and increasing weight has been given to three arguments often made by merging firms in their defense: entry, expansion, and efficiencies. This paper documents this shift and provides examples where courts have approved highly concentrating mergers based on limited evidence of entry and expansion. It shows that the decline in antitrust enforcement is ongoing, especially at the current Justice Department. It argues in favor of reinvigorating horizontal merger enforcement by partially restoring the presumption that mergers that produce high combined market shares are questionable. It proposes several routes by which the government can establish its prima facie case, distinguishing between cases involving coordinated versus unilateral anticompetitive effects.
Louis Galambos
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199251902
- eISBN:
- 9780191719059
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199251902.003.0006
- Subject:
- Business and Management, Business History
In the 1980s, the Reagan Administration drastically altered American antitrust policy, virtually eliminating Section 2 cases involving monopolies. This chapter provides a context for that decision by ...
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In the 1980s, the Reagan Administration drastically altered American antitrust policy, virtually eliminating Section 2 cases involving monopolies. This chapter provides a context for that decision by tracing the efforts that the federal government made since 1890 to reconcile an opposition to highly concentrated economic power with the even stronger enthusiasm Americans have always had for the economic success they associated with the nation's largest enterprises. In this setting, judges and government lawyers struggled over the years to come up with a clear concept of monopoly. In the global economy of the late 20th century, the Reagan policy innovation solved that problem and proved to be timely and significant. The new policy allowed American firms to get up to global scale, either through strategic alliances or through mergers that would not have been allowed under previous administrations.Less
In the 1980s, the Reagan Administration drastically altered American antitrust policy, virtually eliminating Section 2 cases involving monopolies. This chapter provides a context for that decision by tracing the efforts that the federal government made since 1890 to reconcile an opposition to highly concentrated economic power with the even stronger enthusiasm Americans have always had for the economic success they associated with the nation's largest enterprises. In this setting, judges and government lawyers struggled over the years to come up with a clear concept of monopoly. In the global economy of the late 20th century, the Reagan policy innovation solved that problem and proved to be timely and significant. The new policy allowed American firms to get up to global scale, either through strategic alliances or through mergers that would not have been allowed under previous administrations.
Desmond King
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292494
- eISBN:
- 9780191599682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829249X.003.0007
- Subject:
- Political Science, American Politics
King explores the position of Black Americans in the Federal government since the 1964 Civil Rights Act, which he claims empowered the US Department of Justice extensively to investigate and ...
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King explores the position of Black Americans in the Federal government since the 1964 Civil Rights Act, which he claims empowered the US Department of Justice extensively to investigate and prosecute discrimination and other abuses of citizens’ rights. He provides numerous table and data documenting improvements for Black Americans, both in terms of numbers and promotions within federal government employment positions. King concludes by examining multiple legacies of the US federal government's collusion in maintaining segregated relations for contemporary American politics.Less
King explores the position of Black Americans in the Federal government since the 1964 Civil Rights Act, which he claims empowered the US Department of Justice extensively to investigate and prosecute discrimination and other abuses of citizens’ rights. He provides numerous table and data documenting improvements for Black Americans, both in terms of numbers and promotions within federal government employment positions. King concludes by examining multiple legacies of the US federal government's collusion in maintaining segregated relations for contemporary American politics.
Jeffrey D. Gonda
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781469625454
- eISBN:
- 9781469625478
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625454.003.0005
- Subject:
- History, African-American History
The fourth chapter considers how and why the Department of Justice chose to intervene on the NAACP’s behalf in the cases. It explores the overlapping political pressures influencing President Harry ...
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The fourth chapter considers how and why the Department of Justice chose to intervene on the NAACP’s behalf in the cases. It explores the overlapping political pressures influencing President Harry S. Truman’s administration and the growth of a newly strengthened partnership between the NAACP and the federal government in the nation’s courts. The chapter then examines the presentation of the cases before Supreme Court and the substance of Chief Justice Fred Vinson’s opinions in favor of the NAACP’s clients in Shelley v. Kraemer and Hurd v. Hodge. Finally, the chapter assesses some of the popular reactions to the outcome of the cases and what black communities hoped the victory would signal in the years ahead.Less
The fourth chapter considers how and why the Department of Justice chose to intervene on the NAACP’s behalf in the cases. It explores the overlapping political pressures influencing President Harry S. Truman’s administration and the growth of a newly strengthened partnership between the NAACP and the federal government in the nation’s courts. The chapter then examines the presentation of the cases before Supreme Court and the substance of Chief Justice Fred Vinson’s opinions in favor of the NAACP’s clients in Shelley v. Kraemer and Hurd v. Hodge. Finally, the chapter assesses some of the popular reactions to the outcome of the cases and what black communities hoped the victory would signal in the years ahead.
Harry First, Eleanor Fox, and Daniel E. Hemli
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199670048
- eISBN:
- 9780191744341
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670048.003.0008
- Subject:
- Law, Competition Law, Public International Law
This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law system of the United States. The US enforcement system ...
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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law system of the United States. The US enforcement system is complex. There are two major federal enforcement agencies and fifty state enforcement agencies, plus five federal districts or territories, and enforcement through private litigation. The state attorneys general can enforce federal antitrust law as well as state antitrust law when state residents are injured. The two US federal agencies are the Department of Justice Antitrust Division and the Federal Trade Commission. The former is a division of the executive branch; the latter is an independent regulatory agency. The Antitrust Division of the Department of Justice follows the bifurcated judicial model, investigating cases and bringing enforcement actions in federal courts of general jurisdiction. The Federal Trade Commission, consisting of five commissioners, follows the integrated agency model, with power to investigate and adjudicate cases internally, subject to subsequent appellate court review.Less
This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law system of the United States. The US enforcement system is complex. There are two major federal enforcement agencies and fifty state enforcement agencies, plus five federal districts or territories, and enforcement through private litigation. The state attorneys general can enforce federal antitrust law as well as state antitrust law when state residents are injured. The two US federal agencies are the Department of Justice Antitrust Division and the Federal Trade Commission. The former is a division of the executive branch; the latter is an independent regulatory agency. The Antitrust Division of the Department of Justice follows the bifurcated judicial model, investigating cases and bringing enforcement actions in federal courts of general jurisdiction. The Federal Trade Commission, consisting of five commissioners, follows the integrated agency model, with power to investigate and adjudicate cases internally, subject to subsequent appellate court review.
Daniel A. Crane
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195372656
- eISBN:
- 9780199893287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372656.003.0007
- Subject:
- Law, Competition Law
This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It ...
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This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It turns out that the FTC has more to say than the Antitrust Division. There is more latitude for experimentation here. Primarily this concerns the improvements on the norm-creation capabilities and powers in relation to the roles of institutional players such as generalist judges, private litigants, and the juries. The FTC is analyzed as a distinct antitrust institution but the judicial deference raises issues not distinctive to the FTC, rather they are a part of the broader fabric of administrative law.Less
This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It turns out that the FTC has more to say than the Antitrust Division. There is more latitude for experimentation here. Primarily this concerns the improvements on the norm-creation capabilities and powers in relation to the roles of institutional players such as generalist judges, private litigants, and the juries. The FTC is analyzed as a distinct antitrust institution but the judicial deference raises issues not distinctive to the FTC, rather they are a part of the broader fabric of administrative law.
Michael Greve
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199764013
- eISBN:
- 9780199897186
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199764013.003.0011
- Subject:
- Political Science, American Politics
This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ...
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This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.Less
This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.
- Published in print:
- 2003
- Published Online:
- March 2013
- ISBN:
- 9780226500867
- eISBN:
- 9780226561127
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226561127.003.0005
- Subject:
- Political Science, American Politics
This chapter analyzes the Roosevelt Justice Department's program to extend federal protection of individual rights, most importantly for African Americans. Special attention is given to the creative ...
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This chapter analyzes the Roosevelt Justice Department's program to extend federal protection of individual rights, most importantly for African Americans. Special attention is given to the creative efforts of the Justice Department's newly created Civil Rights Section (CRS) to revive, at times in cooperation with the NAACP, “dead-letter” Reconstruction-era civil rights laws through controversial prosecutions. Focus is placed on the Justice Department efforts in the areas of the white primary, the poll tax, lynching, and police brutality, through which prosecutions, it is argued, the CRS aided in constructing rights-expanding norms on the Supreme Court. In developing this argument, the extent to which World War II enabled the Roosevelt administration to carry out a campaign in the courts that sought to make American democracy more inclusive and to punish those responsible for violent attacks against black Americans in the South is also considered.Less
This chapter analyzes the Roosevelt Justice Department's program to extend federal protection of individual rights, most importantly for African Americans. Special attention is given to the creative efforts of the Justice Department's newly created Civil Rights Section (CRS) to revive, at times in cooperation with the NAACP, “dead-letter” Reconstruction-era civil rights laws through controversial prosecutions. Focus is placed on the Justice Department efforts in the areas of the white primary, the poll tax, lynching, and police brutality, through which prosecutions, it is argued, the CRS aided in constructing rights-expanding norms on the Supreme Court. In developing this argument, the extent to which World War II enabled the Roosevelt administration to carry out a campaign in the courts that sought to make American democracy more inclusive and to punish those responsible for violent attacks against black Americans in the South is also considered.
Angela J. Davis
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780195384734
- eISBN:
- 9780199852369
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195384734.001.0001
- Subject:
- Law, Criminal Law and Criminology
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more ...
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What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? This book looks at the power of American prosecutors, revealing how the day-to-day practice of prosecutors can result in the unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, the chapter uses stories of individuals caught in the system to demonstrate how the legal exercise of prosecutorial discretion can result in inequities in criminal justice. The chapter also covers recent incidents of prosecutorial abuse such as the Jena Six case, the Duke lacrosse case, and the Department of Justice firings.Less
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? This book looks at the power of American prosecutors, revealing how the day-to-day practice of prosecutors can result in the unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, the chapter uses stories of individuals caught in the system to demonstrate how the legal exercise of prosecutorial discretion can result in inequities in criminal justice. The chapter also covers recent incidents of prosecutorial abuse such as the Jena Six case, the Duke lacrosse case, and the Department of Justice firings.
Daniel A. Crane
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195372656
- eISBN:
- 9780199893287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372656.003.0002
- Subject:
- Law, Competition Law
The debates between two competing conceptualizations of antitrust led to the creation of two federal antitrust agencies: the Federal Trade Commission (FTC) and the Justice Department's Antitrust ...
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The debates between two competing conceptualizations of antitrust led to the creation of two federal antitrust agencies: the Federal Trade Commission (FTC) and the Justice Department's Antitrust Division. There is something curious about the dual-agency structure of federal antitrust enforcement, despite the fact that the two agencies are not purely redundant and that overlapping agency jurisdiction is not unusual. This chapter shows that the design of the antitrust agencies was not the product of a unified draftsman but that the structure itself was inelegant, redundant, and often problematic. Efforts to change this structure have repeatedly failed. Whether this sentiment is practical common sense or just timidity, the time will come when political forces transpire to bring the American dual-agency structure into the public spotlight.Less
The debates between two competing conceptualizations of antitrust led to the creation of two federal antitrust agencies: the Federal Trade Commission (FTC) and the Justice Department's Antitrust Division. There is something curious about the dual-agency structure of federal antitrust enforcement, despite the fact that the two agencies are not purely redundant and that overlapping agency jurisdiction is not unusual. This chapter shows that the design of the antitrust agencies was not the product of a unified draftsman but that the structure itself was inelegant, redundant, and often problematic. Efforts to change this structure have repeatedly failed. Whether this sentiment is practical common sense or just timidity, the time will come when political forces transpire to bring the American dual-agency structure into the public spotlight.
Daniel A. Crane
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195372656
- eISBN:
- 9780199893287
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372656.001.0001
- Subject:
- Law, Competition Law
This book provides a comprehensive treatment of the history, structure, and behavior of the various US institutions that enforce antitrust laws, such as the Department of Justice and the Federal ...
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This book provides a comprehensive treatment of the history, structure, and behavior of the various US institutions that enforce antitrust laws, such as the Department of Justice and the Federal Trade Commission. It addresses the relationship between corporate regulations and antitrust, the uniquely American approach of having two federal antitrust agencies, antitrust federalism, and the predominance of private enforcement over public enforcement. It also draws comparisons with the structure of institutional enforcement outside the United States in the European Union and in other parts of the world, and it considers the possibility of creating international antitrust institutions through the World Trade Organization or other treaty mechanisms. The book derives its topics from historical, economic, political, and theoretical perspectives.Less
This book provides a comprehensive treatment of the history, structure, and behavior of the various US institutions that enforce antitrust laws, such as the Department of Justice and the Federal Trade Commission. It addresses the relationship between corporate regulations and antitrust, the uniquely American approach of having two federal antitrust agencies, antitrust federalism, and the predominance of private enforcement over public enforcement. It also draws comparisons with the structure of institutional enforcement outside the United States in the European Union and in other parts of the world, and it considers the possibility of creating international antitrust institutions through the World Trade Organization or other treaty mechanisms. The book derives its topics from historical, economic, political, and theoretical perspectives.
Matthew M. Briones
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691129488
- eISBN:
- 9781400842216
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691129488.003.0003
- Subject:
- History, American History: 20th Century
This chapter talks about how Kikuchi suspected that his belief in his alienable rights as a citizen would be severely challenged. A year earlier, Congress had passed the Alien Registration Act, ...
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This chapter talks about how Kikuchi suspected that his belief in his alienable rights as a citizen would be severely challenged. A year earlier, Congress had passed the Alien Registration Act, requiring the registration and fingerprinting of all aliens over the age of fourteen. The law had passed in large part due to unsubstantiated rumors of fifth column activity and espionage on the part of enemy aliens, especially German Americans. At the same time, the Department of Justice and the FBI were compiling a short list of dangerous or subversive aliens—German, Italian, and Japanese—who were to be arrested as soon as war broke out with their particular countries. The chapter shows how Kikuchi viewed the situation through a racial lens—citing Hitler's anti-Jewish pogroms—whereas he had been preoccupied with class after his migratory work in the San Joaquin Valley.Less
This chapter talks about how Kikuchi suspected that his belief in his alienable rights as a citizen would be severely challenged. A year earlier, Congress had passed the Alien Registration Act, requiring the registration and fingerprinting of all aliens over the age of fourteen. The law had passed in large part due to unsubstantiated rumors of fifth column activity and espionage on the part of enemy aliens, especially German Americans. At the same time, the Department of Justice and the FBI were compiling a short list of dangerous or subversive aliens—German, Italian, and Japanese—who were to be arrested as soon as war broke out with their particular countries. The chapter shows how Kikuchi viewed the situation through a racial lens—citing Hitler's anti-Jewish pogroms—whereas he had been preoccupied with class after his migratory work in the San Joaquin Valley.
Richard L. Pacelle
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780813049083
- eISBN:
- 9780813046976
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813049083.003.0005
- Subject:
- History, African-American History
This chapter argues that the Reagan administration applied three overarching strategies to use the courts to turn back the clock on civil rights: first, the replacement of federal judges with those ...
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This chapter argues that the Reagan administration applied three overarching strategies to use the courts to turn back the clock on civil rights: first, the replacement of federal judges with those who supported retrenchment on civil rights; second, the redefinition of rights and responsibilities to facilitate the rewriting of legal precedent; and third, the reconstruction of government mechanisms that dealt with civil rights policies. Reagan used the Department of Justice and the Office of the Solicitor General to institutionalize conservative definitions of civil rights.Less
This chapter argues that the Reagan administration applied three overarching strategies to use the courts to turn back the clock on civil rights: first, the replacement of federal judges with those who supported retrenchment on civil rights; second, the redefinition of rights and responsibilities to facilitate the rewriting of legal precedent; and third, the reconstruction of government mechanisms that dealt with civil rights policies. Reagan used the Department of Justice and the Office of the Solicitor General to institutionalize conservative definitions of civil rights.
Annie R. Bird
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780199338412
- eISBN:
- 9780190236588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199338412.003.0006
- Subject:
- Political Science, International Relations and Politics
Chapter 5 examines the US involvement in the Colombian Justice and Peace Process. During the negotiations of the Justice and Peace Law, Congress advocated for strengthening the provisions on ...
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Chapter 5 examines the US involvement in the Colombian Justice and Peace Process. During the negotiations of the Justice and Peace Law, Congress advocated for strengthening the provisions on accountability for paramilitary leaders who had committed serious human rights violations, while the Department of Justice pushed to maintain its ability to extradite those leaders who were also drug traffickers. A stronger law was passed in 2005, and the Justice Department and USAID provided extensive support to operationalize it. A few years into the process, Colombia extradited several paramilitary leaders to the United States on drug trafficking charges, which some observers believed undermined the justice and peace process.Less
Chapter 5 examines the US involvement in the Colombian Justice and Peace Process. During the negotiations of the Justice and Peace Law, Congress advocated for strengthening the provisions on accountability for paramilitary leaders who had committed serious human rights violations, while the Department of Justice pushed to maintain its ability to extradite those leaders who were also drug traffickers. A stronger law was passed in 2005, and the Justice Department and USAID provided extensive support to operationalize it. A few years into the process, Colombia extradited several paramilitary leaders to the United States on drug trafficking charges, which some observers believed undermined the justice and peace process.
Marion Elizabeth Rodgers
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780195072389
- eISBN:
- 9780199787982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195072389.003.0018
- Subject:
- Literature, 19th-century and Victorian Literature
America's entry into war on April 2, 1917, turned Mencken's life upside down. As a German-American now writing for the New York Evening Mail, he became the target of super-patriots. George Creel ...
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America's entry into war on April 2, 1917, turned Mencken's life upside down. As a German-American now writing for the New York Evening Mail, he became the target of super-patriots. George Creel launched the Espionage Act, containing some of the broadest and most restrictive sanctions against civil liberties and free speech that the country ever witnessed. As a German-American who felt separated from American society, Mencken began to gain insight on another group he had derided years earlier: African-Americans. Together with James Weldon Johnson, they urged black Americans to start writing realistically about racial issues, including lynching. Mencken also met Philip Goodman, and wrote A Book of Prefaces and Damn a Book of Calumny, both of which attacked American literature and conformity head on.Less
America's entry into war on April 2, 1917, turned Mencken's life upside down. As a German-American now writing for the New York Evening Mail, he became the target of super-patriots. George Creel launched the Espionage Act, containing some of the broadest and most restrictive sanctions against civil liberties and free speech that the country ever witnessed. As a German-American who felt separated from American society, Mencken began to gain insight on another group he had derided years earlier: African-Americans. Together with James Weldon Johnson, they urged black Americans to start writing realistically about racial issues, including lynching. Mencken also met Philip Goodman, and wrote A Book of Prefaces and Damn a Book of Calumny, both of which attacked American literature and conformity head on.
Robert E. Luckett
- Published in print:
- 2015
- Published Online:
- January 2017
- ISBN:
- 9781496802699
- eISBN:
- 9781496802736
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496802699.003.0006
- Subject:
- History, American History: 20th Century
This chapter examines Joe T. Patterson's advocacy of racist principles to thwart black advancement and federal intervention. By 1960, the modern civil rights movement was gaining momentum as ...
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This chapter examines Joe T. Patterson's advocacy of racist principles to thwart black advancement and federal intervention. By 1960, the modern civil rights movement was gaining momentum as activists and their organizations made better organized and more sustained efforts to lift up African Americans and challenge their second-class status in the South. Over the next two years, Patterson and white southerners everywhere witnessed some of the most sustained direct action protests in American history, including the looming sit-ins and the Freedom Rides. This chapter first considers Patterson's opposition to the funding of the Sovereignty Commission's publicity campaign called Citizens' Council Forum, along with his efforts to defund the Citizens' Council. It then discusses Patterson's criticism of the US Department of Justice for defending the civil rights movement and the case Bailey v. Patterson filed by Sam Bailey against him and the state of Mississippi over the continued enforcement of segregation on interstate buses. It also explores Patterson's stand on the issue of voting rights for African Americans in Mississippi.Less
This chapter examines Joe T. Patterson's advocacy of racist principles to thwart black advancement and federal intervention. By 1960, the modern civil rights movement was gaining momentum as activists and their organizations made better organized and more sustained efforts to lift up African Americans and challenge their second-class status in the South. Over the next two years, Patterson and white southerners everywhere witnessed some of the most sustained direct action protests in American history, including the looming sit-ins and the Freedom Rides. This chapter first considers Patterson's opposition to the funding of the Sovereignty Commission's publicity campaign called Citizens' Council Forum, along with his efforts to defund the Citizens' Council. It then discusses Patterson's criticism of the US Department of Justice for defending the civil rights movement and the case Bailey v. Patterson filed by Sam Bailey against him and the state of Mississippi over the continued enforcement of segregation on interstate buses. It also explores Patterson's stand on the issue of voting rights for African Americans in Mississippi.
Gary May
- Published in print:
- 2005
- Published Online:
- October 2013
- ISBN:
- 9780300106350
- eISBN:
- 9780300129991
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300106350.001.0001
- Subject:
- History, American History: 20th Century
This book reveals the untold story of the murder of Civil Rights worker Viola Liuzzo, shot to death by members of the violent Birmingham Ku Klux Klan at the end of Martin Luther King's historic ...
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This book reveals the untold story of the murder of Civil Rights worker Viola Liuzzo, shot to death by members of the violent Birmingham Ku Klux Klan at the end of Martin Luther King's historic Voting Rights March in 1965. The case drew national attention and was solved almost instantly because one of the Klansman present during the shooting was Gary Thomas Rowe, an undercover FBI informant. At the time, Rowe's information and subsequent testimony were heralded as a triumph of law enforcement, but his history of collaboration with both the Klan and the FBI was far more complex. Based on previously unexamined FBI and Justice Department records, the book demonstrates that in their ongoing efforts to protect Rowe's cover, the FBI knowingly became an accessory to some of the most grotesque crimes of the Civil Rights era—including a vicious attack on the Freedom Riders and perhaps even the bombing of the Sixteenth Street Baptist Church. The story of a renegade informant and an intelligence system ill-prepared to deal with threats from within, it offers a cautionary tale about what can happen when secret police power goes unchecked.Less
This book reveals the untold story of the murder of Civil Rights worker Viola Liuzzo, shot to death by members of the violent Birmingham Ku Klux Klan at the end of Martin Luther King's historic Voting Rights March in 1965. The case drew national attention and was solved almost instantly because one of the Klansman present during the shooting was Gary Thomas Rowe, an undercover FBI informant. At the time, Rowe's information and subsequent testimony were heralded as a triumph of law enforcement, but his history of collaboration with both the Klan and the FBI was far more complex. Based on previously unexamined FBI and Justice Department records, the book demonstrates that in their ongoing efforts to protect Rowe's cover, the FBI knowingly became an accessory to some of the most grotesque crimes of the Civil Rights era—including a vicious attack on the Freedom Riders and perhaps even the bombing of the Sixteenth Street Baptist Church. The story of a renegade informant and an intelligence system ill-prepared to deal with threats from within, it offers a cautionary tale about what can happen when secret police power goes unchecked.
Frank R. Parker
- Published in print:
- 1990
- Published Online:
- July 2014
- ISBN:
- 9780807842744
- eISBN:
- 9781469603315
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807869697_parker.11
- Subject:
- History, African-American History
The Voting Rights Act of 1965 enabled and empowered black citizens especially in the South to exercise their voting rights and elect the representatives of their choice, and this act is considered to ...
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The Voting Rights Act of 1965 enabled and empowered black citizens especially in the South to exercise their voting rights and elect the representatives of their choice, and this act is considered to be a landmark move by Congress for promoting equality throughout the South. Prior to the act, blacks were denied their right to vote. The Justice Department barred the implementation of more than two thousand discriminatory voting-law changes under section 5 of the Voting Rights Act. Congress amended section 2 of the act which had prohibited voting practices and procedures that could have resulted in discrimination. Furthermore, the amendment also eliminated the requirement of proving discriminatory intent in minority vote dilution lawsuits. The chapter finally analyses criticisms over the expansion of federal power to protect the right to vote.Less
The Voting Rights Act of 1965 enabled and empowered black citizens especially in the South to exercise their voting rights and elect the representatives of their choice, and this act is considered to be a landmark move by Congress for promoting equality throughout the South. Prior to the act, blacks were denied their right to vote. The Justice Department barred the implementation of more than two thousand discriminatory voting-law changes under section 5 of the Voting Rights Act. Congress amended section 2 of the act which had prohibited voting practices and procedures that could have resulted in discrimination. Furthermore, the amendment also eliminated the requirement of proving discriminatory intent in minority vote dilution lawsuits. The chapter finally analyses criticisms over the expansion of federal power to protect the right to vote.
Robert E. Luckett
- Published in print:
- 2015
- Published Online:
- January 2017
- ISBN:
- 9781496802699
- eISBN:
- 9781496802736
- Item type:
- chapter
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496802699.003.0007
- Subject:
- History, American History: 20th Century
This chapter examines the implications of James Meredith's attempt to integrate the University of Mississippi in 1962 for the Jim Crow South and the white leadership in Mississippi. The central ...
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This chapter examines the implications of James Meredith's attempt to integrate the University of Mississippi in 1962 for the Jim Crow South and the white leadership in Mississippi. The central question arising from the Meredith crisis was how far members of the white hierarchy would be willing to go to maintain segregation in higher education. Ross Barnett and the Citizens' Council forced a reluctant federal government to intervene, resulting in the eruption of violence on the campus. Others, like Joe T. Patterson, were more willing to bend in order to maintain as much power as possible. This chapter first discusses Meredith's fight for admission to Ole Miss that culminated in Meredith v. Fair as well as Patterson's attempt to keep Meredith out of the university. It then considers the US Supreme Court ruling in favor of Meredith and the US Department of Justice's involvement in the case. It also explores Patterson's the behind-the-scenes efforts to finally allow Meredith to enter the campus.Less
This chapter examines the implications of James Meredith's attempt to integrate the University of Mississippi in 1962 for the Jim Crow South and the white leadership in Mississippi. The central question arising from the Meredith crisis was how far members of the white hierarchy would be willing to go to maintain segregation in higher education. Ross Barnett and the Citizens' Council forced a reluctant federal government to intervene, resulting in the eruption of violence on the campus. Others, like Joe T. Patterson, were more willing to bend in order to maintain as much power as possible. This chapter first discusses Meredith's fight for admission to Ole Miss that culminated in Meredith v. Fair as well as Patterson's attempt to keep Meredith out of the university. It then considers the US Supreme Court ruling in favor of Meredith and the US Department of Justice's involvement in the case. It also explores Patterson's the behind-the-scenes efforts to finally allow Meredith to enter the campus.
