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Speak Up, Memory
U.S. Judges and Islam, 1800-1960
The American Temperance Movement and the Rise of Crime

Posted: 20 Jun 2011 08:19 AM PDT

From the New Yorker this week: "Lit Lawyers"--a discussion of the implications when accusations are hurled. Greg Mortenson is only the latest author accused of fabricating parts of a popular book (Three Cups of Tea). Now two lawsuits are pending. Do buyers and readers of what publishers and authors claim is nonfiction have a real cause of action when works turn out to be fictionalized, in whole or in part? Or should caveat emptor rule? And in the matter of those lawsuits--cui bono?

More commentary here from Thomson Reuters News & Insight Blog.

U.S. Judges and Islam, 1800-1960

Posted: 20 Jun 2011 07:47 AM PDT

Marie A.

Failinger, Hamline University School of Law, is publishing Islam in the Mind of American Courts: 1800-1960, in the Boston College Third World Law Journal. Here is the abstract.

This article surveys references to Islam and Muslims in American court opinions from 1800 to 1960. It argues that American judges as a group portray an ambivalent attitude toward Muslims, some treating Islam disparagingly or as an exotic and fanciful religion, and others emphasizing the religious equality that Muslims deserve.

Download the article from SSRN at the link.

The American Temperance Movement and the Rise of Crime

Posted: 20 Jun 2011 07:44 AM PDT

Emily Greene Owens, Cornell University, has published The Birth of the Organized Crime? The American Temperance Movement and Market-Based Violence. Here is the abstract.

Economic theory and anecdotal evidence suggest that the absence of formal contract enforcement increases systemic, or market-based, violence in illegal markets. Lack of substantial variation in market legality has prevented empirical evaluation of the strength of this association. Using a state-level panel of age-specific homicide rates between 1900 and 1940, I demonstrate that criminalization of alcohol markets led to a compression of the age distribution of homicide victims. Specifically, homicide rates for individuals between the ages of 20 and 30 increased relative to homicide rates for individuals under 20 and over 30. The compression of the age distribution of homicide victims was most evident in northern states and in states with large immigrant and urban populations. Using modern homicide data, I show that this age specific change in homicide rates is consistent with an increase in systemic violence, supporting the argument that the temperance movement contributed to the rise of organized crime in the United States. Banning the commercial sale of alcohol appears to have had a protective effect for children and mature adults, but this came at the expense of increasing the rate of violence among young adults.

Download the paper from SSRN at the link.