In Defense of Political Trials

By Charles F. Abel; Frank H. Marsh et al. | Go to book overview

and what will at the same time count as their justification. What is the proper relationship between politics and law? Where, if anywhere, should we draw the line?


NOTES
1.
C. H. Montange, "NEPA in an Era of Economic Deregulation: A Case Study of Environmental Avoidance at the Interstate Commerce Commission", 9 Virginia Environmental Law Journal1-44, esp. 2-12 (Fall 1989).
2.
E. McWhinney, Supreme Courts & Judicial Law Making: Constitutional Tribunals & Constitutional Review ( Boston: Martinus NiJoff, 1986).
3.
J. Grossman, et al., "Dimensions of Institutional Participation: Who Uses the Courts & How?" 44 Journal of Politics86-114 ( 1982); H. Jacob, Destiny in Court: The Consumption of Government Services ( Chicago, Rand McNally, 1969).
4.
F. Zemans, "Legal Mobilization: The Neglected Role of the Law in the Political System", 77 American Political Science Review690-703, note 6 ( 1983).
5.
S. Daniels, "Civil Litigation in Illinois Trial Courts: An Exploration of Rural- Urban Differences", 4 Law & Policy Quarterly190-214 ( 1984).
6.
W. McIntosh, "Private Use of a Public Forum: A Long-Range View of the Dispute Processing Role of Courts", 77 American Political Science Review991-1010 ( 1983).
7.
250 U.S.616 ( 1919).
8.
H. Jacob, Justice in America: Courts, Lawyers, and the Judicial Process ( Boston: Little, Brown and Co., 1978), 7.
9.
C. H. Franklin and Diane C. Kosaki, "Republican School Master: The U.S. Supreme Court, Public Opinion & Abortion", 3 American Political Science Review 751-772 ( September 1989).
10.
N. Dorsen and L. Friedman, Disorder in the Court ( New York: Pantheon Books, 1973), 81.
11.
F. A. Allen, The Crimes of Politics: Political Dimensions of Criminal Justice ( Cambridge: Harvard University Press, 1974), 53.
12.
S. 1. Kutler, The American Inquisition: Justice and Injustice in the Cold War ( New York: Hill and Wang, 1982), 215-242.
13.
See W. Gellhorn, ed., The States and Subversion, Chapter 7 ( Ithaca: Cornell University Press, 1952), 358.
14.
See Debs v. U. S., 249 U. S. 211 ( 1919); Goldman v. U. S. 245 U.S. 474 ( 1919).
15.
P. Renshaw, The Wobblies: The Story of Syndicalism in the United States ( New York: Doubleday, 1968).
16.
R. Dworkin, Rebel in Paradise ( Chicago: University of Chicago Press, 1961).
17.
R. J. Goldstein, "An American Gulag? Summary Arrest and Emergency Detention of Political Dissidents in the United States", 10 Columbia Human Rights Law Review541-573 ( 1978).
18.
N. Dorsen, et al., Political and Civil Rights in the United States ( New York: Pantheon Books, 1976).
19.
D. N. Hoffman, "Contempt of the United States: The Political Crime That Wasn't", 25 The American Journal of Legal History343-360 ( 1981).
20.
64 Mass.376 ( 1852).

-26-

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In Defense of Political Trials
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Chapter One - The Ubiquitous Political Trial 1
  • Notes 26
  • Chapter Two - Contrasting Theories of the Political Trial 31
  • Notes 48
  • Chapter Three - Defining and Evaluating Political Trials 51
  • Notes 72
  • Chapter Four - Justifying Political Trials 77
  • Notes 98
  • Chapter Five - Political Trials, Science, and Religion: the Proper Relationship Between Church and State 101
  • Notes 120
  • Chapter Six - Political Trials, Science, and Religion: Politics and Medical Science 123
  • Notes 140
  • Cases Cited 143
  • Bibliography 147
  • Index 151
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