Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.

In the new and revised 2005 edition of this outstanding casebook, authors Professor Doug Beloof, Judge Paul Cassell, and victims attorney Steven Twist review the expanding role of the crime victim in criminal procedure. Crime victims' law has been neglected in the education of law students even though it represents the single greatest "revolution" in criminal procedure in the last twenty years. The book addresses that neglect and provides lively and provocative materials about how victims fit into the contemporary criminal justice process. The casebook examines the role of the crime victim from the early stages of the criminal process (investigation and charging) through pre-trial discovery, plea bargaining, trial, and sentencing. The book includes not only recent caselaw concerning crime victims' rights, but also law review articles, victim impact statements, and other interesting materials. The authors provide the perfect set of reading materials for a full course on victims law, a seminar style discussion class, or supplemental materials for a conventional criminal procedure course. A teacher's manual will be available. "Every now and then, a book comes along that can truly be said to be a landmark in its field. . . . Victims in Criminal Procedure is such a book." --The Crime Victims Report on the First Edition

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

"The Lewis and Clark Corps of Discovery is often presented as an exciting adventure story of discovery, friendship, patriotism. However, when viewed through a non-colonial lens, this same period in U.S. History can be understood quite differently. In BEYOND ADVENTURE, the authors provide a conceptual framework, ready-to-use lesson plans, and teaching resources to address oversimplified versions of the Lewis and Clark expedition"--

The first biography in over sixty years of a great American artist whose paintings are more famous than the man who made them. George Catlin has been called the “first artist of the West,” as none before him lived among and painted the Native American tribes of the Northern Plains. After a false start as a painter of miniatures, Catlin found his calling: to fix the image of a “vanishing race” before their “extermination”—his word—by a government greedy for their lands. In the first six years of the 1830s, he created over six hundred portraits—unforgettable likenesses of individual chiefs, warriors, braves, squaws, and children belonging to more than thirty tribes living along the upper Missouri River. Political forces thwarted Catlin’s ambition to sell what he called his “Indian Gallery” as a national collection, and in 1840 the artist began three decades of self-imposed exile abroad. For a time, his exhibitions and writings made him the most celebrated American expatriate in London and Paris. He was toasted by Queen Victoria and breakfasted with King Louis-Philippe, who created a special gallery in the Louvre to show his pictures. But when he started to tour “live” troupes of Ojibbewa and Iowa, Catlin and his fortunes declined: He changed from artist to showman, and from advocate to exploiter of his native performers. Tragedy and loss engulfed both. This brilliant and humane portrait brings to life George Catlin and his Indian subjects for our own time. An American original, he still personifies the artist as a figure of controversy, torn by conflicting demands of art and success.

Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

A Notable Social Studies Trade Book for Young People: The tale of the famous expedition of Lewis and Clark, condensed from their own eight-volume journals for young historians Lewis and Clark’s famous 1804 expedition was told with great detail by the explorers themselves in an eight-volume account. Now young historians have the opportunity to learn the thrills, challenges, and adventures in a version accessible for them. Two years’ worth of entries are condensed into a flowing account that maintains the historical essence of the original. With a fact-filled prologue and epilogue, young readers can relive the adventurous eight-thousand-mile journey across uncharted wilderness.

Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters." ---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law "A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens." ---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School "A well-written, well-researched blend of law, politics, and history." ---Joan DelFattore, Professor of English and Legal Studies, University of Delaware In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court. In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state. Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.