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Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty is the only kind of sovereignty - but in fact invite us to challenge our conception of what sovereignty 'is'. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.
From 2004 to 2006 the Osage Nation conducted a contentious governmental reform process in which sharply differing visions arose over the new government's goals, the Nation's own history, and what it means to be Osage. The primary debates were focused on biology, culture, natural resources, and sovereignty. Osage anthropologist Jean Dennison documents the reform process in order to reveal the lasting effects of colonialism and to illuminate the possibilities for indigenous sovereignty. In doing so, she brings to light the many complexities of defining indigenous citizenship and governance in the twenty-first century. By situating the 2004-6 Osage Nation reform process within its historical and current contexts, Dennison illustrates how the Osage have creatively responded to continuing assaults on their nationhood. A fascinating account of a nation in the midst of its own remaking, Colonial Entanglement presents a sharp analysis of how legacies of European invasion and settlement in North America continue to affect indigenous people's views of selfhood and nationhood.
Among the contentious issues that come into play in relations between Russia and the other post-Soviet states, security concerns are arguably at the top of the list. This text explores the links between post-Soviet security politics and the development of state sovereignty in the region.
In the opening chapter of this book, Elizabeth Price Foley writes, “The slow, steady, and silent subversion of the Constitution has been a revolution that Americans appear to have slept through, unaware that the blessings of liberty bestowed upon them by the founding generation were being eroded.” She proceeds to explain how, by abandoning the founding principles of limited government and individual liberty, we have become entangled in a labyrinth of laws that regulate virtually every aspect of behavior and limit what we can say, read, see, consume, and do. Foley contends that the United States has become a nation of too many laws where citizens retain precious few pockets of individual liberty. With a close analysis of urgent constitutional questions—abortion, physician-assisted suicide, medical marijuana, gay marriage, cloning, and U.S. drug policy—Foley shows how current constitutional interpretation has gone astray. Without the bias of any particular political agenda, she argues convincingly that we need to return to original conceptions of the Constitution and restore personal freedoms that have gradually diminished over time.
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
In the late 1950s, Washington was driven by its fear of communist subversion: it saw the hand of Kremlin behind developments at home and across the globe. The FBI was obsessed with the threat posed by American communist party--yet party membership had sunk so low, writes H.W. Brands, that it could have fit "inside a high-school gymnasium," and it was so heavily infiltrated that J. Edgar Hoover actually contemplated using his informers as a voting bloc to take over the party. Abroad, the preoccupation with communism drove the White House to help overthrow democratically elected governments in Guatemala and Iran, and replace them with dictatorships. But by then the Cold War had long since blinded Americans to the ironies of their battle against communism. In The Devil We Knew, Brands provides a witty, perceptive history of the American experience of the Cold War, from Truman's creation of the CIA to Ronald Reagan's creation of SDI. Brands has written a number of highly regarded works on America in the twentieth century; here he puts his experience to work in a volume of impeccable scholarship and exceptional verve. He turns a critical eye to the strategic conceptions (and misconceptions) that led a once-isolationist nation to pursue the war against communism to the most remote places on Earth. By the time Eisenhower left office, the United States was fighting communism by backing dictators from Iran to South Vietnam, from Latin America to the Middle East--while engaging in covert operations the world over. Brands offers no apologies for communist behavior, but he deftly illustrates the strained thinking that led Washington to commit gravely disproportionate resources (including tens of thousands of lives in Korea and Vietnam) to questionable causes. He keenly analyzes the changing policies of each administration, from Nixon's juggling (SALT talks with Moscow, new relations with Ccmmunist China, and bombing North Vietnam) to Carter's confusion to Reagan's laserrattling. Equally important is his incisive, often amusing look at how the anti-Soviet struggle was exploited by politicians, industrialists, and government agencies. He weaves in deft sketches of figures like Barry Goldwater and Henry Jackson (who won a Senate seat with the promise, "Many plants will be converting from peace time to all-out defense production"). We see John F. Kennedy deliver an eloquent speech in 1957 defending the rising forces of nationalism in Algeria and Vietnam; we also see him in the White House a few years later, ordering a massive increase in America's troop commitment to Saigon. The book ranges through the economics and psychology of the Cold War, demonstrating how the confrontation created its own constituencies in private industry and public life. In the end, Americans claimed victory in the Cold War, but Brands's account gives us reason to tone down the celebrations. "Most perversely," he writes, "the call to arms against communism caused American leaders to subvert the principles that constituted their country's best argument against communism." This far-reaching history makes clear that the Cold War was simultaneously far more, and far less, than we ever imagined at the time.
Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between Indigenous and non-Indigenous Australians and the courts have played a central role in its development, and continue to do so. Fifteen years have seen the evolution of native title from uncertain foundations to an arguably comprised jurisprudence. Strelein traces the development of the courts' thinking from the original decision Mabo v Queensland [No.2], through to the significant High Court cases in 2002, and the Federal Court's implementation in cases like De Rose, and the recent Bennell decision in 2008. Each chapter contains a discrete analysis of the most significant cases during the period. A timeline maps the key doctrines while the book's conclusion identifies the underlying themes and contradictions in the law. This is the only critical non-textbook analysis of native title law. The new edition contains an updated annotated case list, while a revised introduction and conclusion comment on recent developments.

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