Pursuing Justice in Africa focuses on visions of justice across the African continent, featuring essays that engage with topics at the cutting edge of contemporary scholarship across a wide range of disciplines including activism, land tenure, international legal institutions, and post-conflict reconciliation.
African Asylum at a Crossroads
· Activism, Expert Testimony, and Refugee Rights
· Edited by Iris Berger, Tricia Redeker Hepner, Benjamin N. Lawrance, Joanna T. Tague, and Meredith Terretta
· Foreword by Penelope Andrews
· Afterword by Fallou Ngom
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
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.
Explores how Ohio — as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and control — led in the process of economic change before the Civil War.
During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions.
“No nation can win a battle without faith,” Steve Biko wrote, and as Daniel R. Magaziner demonstrates in The Law and the Prophets, the combination of ideological and theological exploration proved a potent force. The 1970s are a decade virtually lost to South African historiography. This span of years bridged the banning and exile of the country’s best-known antiapartheid leaders in the early 1960s and the furious protests that erupted after the Soweto uprisings of June 16, 1976.
Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space.
Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters.
Born in Baltimore in 1911, Clarence Mitchell Jr. led the struggle for passage of the 1957 Civil Rights Act, the 1960 Civil Rights Act, the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act. Volumes I (1942–1943) and II (1944–1946) of The Papers of Clarence Mitchell Jr.,
Volume IV of The Papers of Clarence Mitchell Jr. covers 1951, the year America entered the Korean War, through 1954, when the NAACP won its Brown v. Board of Education case, in which the Supreme Court declared that segregation was discrimination and thus unconstitutional. The decision enabled Mitchell to implement the legislative program that President Truman’s Committee on Civil Rights outlined in its landmark 1947 report, To Secure These Rights.
For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures.
Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people.
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.
The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.
On July 2 and 3, 1917, a mob of white men and women looted and torched the homes and businesses of African Americans in the small industrial city of East St. Louis, Illinois. When the terror ended, the attackers had destroyed property worth millions of dollars, razed several neighborhoods, injured hundreds, and forced at least seven thousand black townspeople to seek refuge across the Mississippi River in St. Louis, Missouri.