Books by "Harry N. Scheiber"
3 books found
Quality Digitally Remastered(tm) reprint of one of the classic works of legal and social history. This much-cited study of Woodrow Wilson and his administration explores the suppression of speech and print publication during an era of world war, the Red Scare, anti-foreign fervor, and unionism. Wilson's notable achievements in social leadership and the progressive movement are questioned in light of his failure to protect civil liberties amidst the tide of war fever, nationalism, racism, and protection of corporate interests. Worse, his own administration, through the Justice Department and the Postmaster General, took ruthless and often spurious actions to repress liberties, as shown by prodigious research and tables of prosecutions and dispositions of anti-speech legal actions. Toward the end of his administration, as he was rendered weak and distant by stroke, there is no doubt he turned a blind eye to vicious governmental behavior, but Scheiber showed that long before, for whatever reasons or focus Wilson had on World War I and the League of Nations, the blind eye and perhaps active involvement began. A classic, fascinating study by one of the most decorated and honored legal historians, this book is accessible and clear to scholars and history fans everywhere and is not written particularly for lawyers or law students.
Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
The Condition of American Federalism: an Historian's View
by Harry N. Scheiber, United States. Congress. Senate. Committee on Government Operations. Subcommittee on Intergovernmental Relations
1966