Joel Roberts'

Total Page:16

File Type:pdf, Size:1020Kb

Joel Roberts' The Problem of the Road: The Road and the Street in the Twentieth Century American Road Novel Joel David Roberts PHD 2019 ABSTRACT This thesis offers a historiography of the twentieth century American road novel, arguing that it consistently presents the road as a problem of governmental order. Road narrative scholarship to date has read the twentieth century American road novel as an extension of the frontier narrative. In contrast to this, I analyse novels by Dashiell Hammett, Raymond Chandler, Chester Himes, Richard Wright, Ann Petry, Ralph Ellison, Thomas Pynchon, Samuel Delany, Gerald Vizenor, and Leslie Marmon Silko to argue that they both participate in and resist the orderly discourse of the road through three key phases: city planning, urban crisis, and the Oil Crisis. Relatedly, I suggest that these authors also identify that the order of the road is imposed upon black communities in America. In these texts, the road narrative’s assertion of order is made upon the black life of the street – of gathering together and of the riot. I trace the historical destruction of street life by the development of the road in these texts, arguing that the Great Migration formed the life of the streets upon which the order of the automobile and its road was asserted, as the discourse of the road developed in the early twentieth century as a component of city planning. This, I suggest, can be illuminated via a reading of Hammett, Chandler, Himes, Wright, Petry, and Ellison. I then argue that the rebellions of the 1960s occasioned the emergence of a discourse of the road as productive of ‘urban crisis’, as well as representing a return of street life, as charted by Pynchon. Finally, I argue that Delany, Vizenor, and Sliko suggest that the life of the street could return again with the breakdown of the order of the road during the 1973-1974 Oil Crisis. I also argue that the destruction of the street operated at a metaphysical level. Drawing on the work of Denise Ferreira da Silva, I suggest that the order of the road is that of the self-determining subjectivity of the driver – the subject that possesses things and can act upon and navigate the world in a predictable, knowable way. By contrast, the street is a space of what da Silva terms affectability; it is a space where people are acted upon and affect one another, producing a life that is collective, unowned. Accordingly, I also trace the ways that these novels preserve the affectable life of the street via their deployment of sonic metaphors and practices to describe this space. Here, my project contributes to work in Black Studies, such as Alexander Weheliye’s Habeas Viscus: Racialising 2 Assemblages, Biopolitics, and Black Feminist Theories of the Human (2014), which seeks to theorise resistance in ways not dependent on a self-possessive, agentic subject. Keywords: road novels, road narratives, Black Studies, American Studies, Fred Moten, Denise Ferreira da Silva 3 CONTENTS Abstract 2 List of Figures 5 Acknowledgements 7 Author’s Declaration 8 Introduction: The Problem of the Road 9 Chapter 1: ‘If I seem to talk in circles’: Hard-boiled Detective Fiction 57 and City Planning in Dashiell Hammett’s Red Harvest (1929) and The Dain Curse (1929), and Raymond Chandler’s The Big Sleep (1939) Chapter 2: ‘They got everything’: The History of the Street in Chester 88 Himes’s If He Hollers Let Him Go (1945), Richard Wright’s Native Son (1940), and Ann Petry’s The Street (1946) Chapter 3: ‘It's really amazing to have been on that street’: Hollers, 123 Native Son, The Street, and the Affectable life of the Street Chapter 4: ‘Whatever it is that jazz musicians feel on certain nights’: 158 The Street and the Post-War Road in Ralph Ellison’s Invisible Man (1952) and Thomas Pynchon’s The Crying of Lot 49 (1966) Chapter 5: ‘Does the City’s topology control us completely?’: Fugitive 205 Transmotion in Samuel Delany’s Dhalgren (1974), Gerald Vizenor’s Darkness in St Louis Bearheart (1978), and Leslie Marmon Silko’s Ceremony (1977) Conclusion: The End of the Automobile Age 242 Bibliography 250 4 LIST OF FIGURES Figure 1. Stan Laurel and Oliver Hardy, ‘Automobile accident scenes 66 from Two Tars’, Two Tars, YouTube, 1928 <https://www.youtube.com/watch?v=NTF1OFykQAg> [accessed March 01, 2019]. Figure 2. Frederick Law Olmsted, Jr., Harland Bartholomew, and 70 Charles H. Cheney, ‘Diagram No. 17’, in The Major Traffic Street Plan (Los Angeles: Traffic Commission of the City and County of Los Angeles, 1924), p. 50. Figure 3. Frederick Law Olmsted, Jr., Harland Bartholomew, and 72 Charles H. Cheney, ‘Major Traffic Street Plan’, in The Major Traffic Street Plan (Los Angeles: Traffic Commission of the City and County of Los Angeles, 1924), p. 1. Figure 4. Miller McClintock, ‘Vehicular Traffic Upon Principal Radiating 106 Arteries at Boundaries of Central Business District and 5-Mile Zone and at City Limits 7am to 11pm, Typical Week Day, May, 1926’, in ‘Report and Recommendations of the Metropolitan Street Traffic Survey’, The Street Traffic Committee, Hathitrust.org, Chicago, 1926 <https://babel.hathitrust.org/cgi/pt?id=mdp.39015021110963;view=1u p;seq=232> [accessed May 23, 2019, p. 11]. Figure 5. Committee on Regional Plan of New York and its Environs, 113 ‘Diagrammatic Scheme for Regional Highway Routes’, in ‘Regional Plan of New York and Its Environs’, Regional Plan Association Library, New York, 1929 <http://library.rpa.org/pdf/RPA-Plan1-v1-Regional- Plan-of-New-York-and-Its-Environs.pdf> [accessed May 23, 2019], p. 218. 5 Figure 6. Robert McNeill, ‘Make a Wish, from the series the Bronx 128 Slave Market, 1937. The Museum of Modern Art, New York’, Jacobin <https://www.jacobinmag.com/2018/12/ella-baker-marvel-cooke- slavery-depression> [accessed May 23, 2019]. Figure 7. ‘The Regional Planning Commission Master Plan of 179 Metropolitan Los Angeles Freeways’, Regional Planning Commission, 1947 <https://www.cahighways.org/maps/1947feplan.jpg> [accessed May 28, 2019]. Figure 8. Scott Harrison, ‘Tracking the slow decline of the Pacific 181 Electric Railway Redcars’, LA Times, 1956 <https://www.latimes.com/local/california/la-me-california- retrospective-red-car-20160103-story.html> [accessed March 01, 2019]. Figure 9. Harold Filan, ‘The burned-out hulk of an overturned 194 automobile is seen during rioting in the Watts district of Los Angeles on Aug. 13, 1965’, NBC News, 1965 <https://www.nbcnews.com/news/us-news/50-years-after-watts-riots- cops-community-leaders-heal-old-n589131> [accessed April 12, 2018]. Figure 10. ‘The Pershing Map’, US Department of Transportation: 215 Federal Highway Administration, 1922 <https://www.fhwa.dot.gov/candc/timeline.cfm> [accessed April 12, 2018]. 6 ACKNOWLEDGEMENTS Thank you to everyone who has helped me to learn to read, conventionally and otherwise, over the past thirty-one years. If there are any good bits in here, they are yours. 7 AUTHOR’S DECLARATION I declare that the research contained in this thesis, unless otherwise formally indicated within the text, is the original work of the author. The thesis has not been previously submitted to this or any other university for a degree, and does not incorporate any material already submitted for a degree, except, to the extent indicated below, material already submitted as part of required coursework for MA Literature and Philosophy which was awarded by University of Sussex, 2014. Joel Roberts 30th May 2019 Parts of pages 189 and 190 are adapted from two paragraphs in the MA dissertation ‘A Tale of Four Cities in The Crying of Lot 49’, submitted 2014. 8 Introduction: The Problem of the Road ‘Historically, it is true both for war and peace that transportation has been formative and controlling in our national life’ – United States Secretary of Commerce William C. Redfield, addressing the 1918 Conference of Regional Chairmen of the Highways Transport Committee The Argument This thesis offers a historiography of the twentieth century American road novel, arguing that it consistently presents the road as a problem of governmental order. This problem is apparent in the road novel’s relationship to three key discursive stages of the road: city planning, urban crisis, and the Oil Crisis. In the early twentieth century in America, there is an absence of order on streets newly populated with cars. During this phase, the protagonists of hard-boiled detective novels by authors such as Raymond Chandler and Dashiell Hammett assert the new order of the road as a space centred on the automobility of the suburban city plan. With the hegemony of the automobile secured, the post-war development of 65,000km of road via the Federal-Aid Highway Act of 1956 sees the road become a vast expanse. The socioeconomic problems wrought by this expansion coalesce into a discourse of the road’s production of ‘urban crisis’, which Thomas Pynchon’s The Crying of Lot 49 (1966) proposes can be remedied via economic redistribution. Finally, with the Oil Crisis of 1973-74 threatening, for a moment, the ordering of American life via the automobile, the novels of Gerald Vizenor, Leslie Marmon Silko, and Samuel R. Delany attempt to reimagine mobility within the possibility of this decline. This historiography also demonstrates that the development of an automobilecentric order in America required the transformation of the street into the road, and that such a transformation is a racialised one. The governmental order of the road is consistently imposed upon areas of America’s cities with predominantly black streets, which are perceived as a disordering threat. In turn, the novels under my consideration register and grapple with this racialised dynamic.
Recommended publications
  • Central Valley Joint Fugitive Task Force
    EASTERN DISTRICT OF CALIFORNIA CENTRAL VALLEY JOINT FUGITIVE TASK FORCE For Immediate Press Release Contact: Eastern District of California July 1, 2011 Deputy Jason Ferrell (559)487-5559 Tehachapi – U.S. Marshal Albert Najera, of the Eastern District of California, announced today that the U.S. Marshals Central Valley Joint Fugitive Task Force (CVJFTF) arrested Mitchell Dennis Knox. On June 30, 2011, the Joint Support Operations Center (JSOC), in ATF Headquarters, received information about the possible whereabouts of Mitchell Knox who was a fugitive from Operation Woodchuck. This was a year-long investigation that included an undercover ATF agent infiltrating a group of criminals who were selling illegal firearms and narcotics in the San Fernando Valley. During the course of the investigation, ATF undercover agents purchased stolen firearms, machine guns and silencers. Other agencies participating in Operation Woodchuck were the California Department of Corrections and Rehabilitation (CDCR), Office of Correctional Safety-Special Service Unit (CDCR- SSU), and the Los Angeles Police Department. The information from JSOC was provided to the local ATF field office in Fresno, CA. The Fresno ATF agents have been invaluable participants on the U.S. Marshals Central Valley Joint Fugitive Task Force (CVJFTF) in the Eastern District of California. On the same day the tip was received, members of the CVJFTF traveled the 135 miles from Fresno to Tehachapi in an effort to track down Knox. The task force, along with the Kern County Sheriff’s Department, responded to a remote location in the foot-hills of Tehachapi. The team was able to locate a residence where the subject was possibly staying.
    [Show full text]
  • Fugitive Dust
    Fugitive Dust Why Control Fugitive Dust? Sources of Fugitive Dust Besides causing the need for additional Significant sources of fugitive dust include cleaning of homes and vehicles, fugitive dust grain bins, quarries, haul roads and can cause low visibility on unpaved roads, construction sites. which can lead to accidents. In severe cases, In the example of an unpaved road, fugitive Division of Compliance it can interfere with plant growth by clogging dust is created when a vehicle travels down pores and reducing light interception. Dust Assistance the unpaved road. The larger and faster the particles are abrasive to mechanical vehicle, the more dust it will create. One way 300 Sower Boulevard, First Floor equipment and damaging to electronic of controlling this is with dust suppression, equipment, such as computers. Frankfort, KY 40601 such as water or gravel, at the end of unpaved What Is Fugitive Dust? Phone: 502-564-0323 Although generally not toxic, fugitive dust roads. can cause health problems, alone or in Fugitive dust is defined as dust that is not Email: [email protected] emitted from definable point sources, such as combination with other air pollutants. dca.ky.gov industrial smokestacks. Sources include open Infants, the elderly and people with Dust from around the world! fields, roadways and storage piles. respiratory problems, such as asthma or bronchitis, are the most likely to be affected. Fugitive dust you create does not affect only The state regulation that provides for the In addition, not controlling fugitive dust at a those within close proximity to your location. control of fugitive emissions may be accessed worksite can create more hassle for the In a model of dust imports developed by at http://www.lrc.ky.gov/kar/ worksite foreman in response to complaints researchers from Harvard and NASA shows 401/063/010.htm.
    [Show full text]
  • Searching for Slavery: Fugitive Slaves in the Ohio River Valley Borderland, 1830–1860
    Searching for Slavery: Fugitive Slaves in the Ohio River Valley Borderland, 1830–1860 Matthew Salafia Ohio Valley History, Volume 8, Number 4, Winter 2008, pp. 38-63 (Article) Published by The Filson Historical Society and Cincinnati Museum Center For additional information about this article https://muse.jhu.edu/article/568165/summary [ Access provided at 28 Sep 2021 21:47 GMT with no institutional affiliation ] 41„ I. Ai12* St) I... i. l 461 * PG 4 1 . r 1, 2 $ 4. 9 V. 4 1 . j 41,1' f : 4, L# A l 3 S. i S I. ' I. %.1 ' 3 1 h . f. I. f.. I I 1 k r 4 r Formerslavequarters the on Winston place,Burlington Boone County,Kentucky,1868 THE FL SON HISTOR(AL SOC ET i Searching for Slavery Fugitiue Slaues in the Ohio River Valley Borderland,1830-1860 Matthew Salafia n the 18505, Richard Daly enjoyed considerable freedom for a man I in bondage Daly lived in Trimble County, Kentucky, on a planta- tion along the Ohio River owned by two brothers, Samuel and George Ferrin Daly worked on the farm and regularly attended the market in free of Indiana He Madison, across the river in the nominally state mar- ried Kitty, a house servant from a neighboring plantation, and they had four children before Kitty died in childbirth at the age of twenty Daly protected his family as best he could and visited his children nightly According to Daly's later description, in the 1850s he yearned to be free, 38 OHIO VALLEY HISTORY MATTHEW SALAFIA but he also recognized that despite his enslaved status he still enjoyed some opportunities and autonomy.
    [Show full text]
  • [email protected]~M Iiidez&HP
    ---,.---,-.- p - 0 [email protected]~m iiIDEZ&HP //... 0 HTHROIllCASiIG Officers HIGHWAY William L. Garrison, Chairman Jay W. Brown, First Vice Chairman Milton Pikarsky, Second Vice Chairman R E S E A R c i-i W. N. Carey, Jr., Executive Director B 0 A R D Executive Committee Frank C. Hemnger, Urban Mass Transportation Administrator (cx officio) 1 9 7 3 Henrik E. Stafseth, Executive Director, American Association • of State Highway and Transportation Officials (èx officio) • Norbert T. Tiemann, Federal Highway Administrator (ex officio) • Ernst Weber, Chairman, Division of Engineering, National Research Council (ex officio) Charles E. Shumate, Executive Director, Colorado Department of Highways (cx officio, Past Chairman, 1971) Alan M. Voorhees, President, Alan M. Voorhees and Associates, Inc. (cx officio, Past Chairman, 1972) Hendrik W. Bode, Gordon McKay Professor of Systems Engineering, Harvard University Jay W. Brown, Director of Rad.Operations, Florida Department of Transportation W. J. Burmeister, Consultant, Middleton, Wisconsin Douglas B. Fugate, Commissioner, Virginia Department of Highways William L. Garrison, Director, Institute of Transportation and Traffic Engineering, University of California, Berkeley Roger H. Gilman, Director of Planning and Development, The Port Authority of New York and New Jersey Neil V. Hakala, President, Esso Research and Engineering Company Robert N. Hunter, Chief Engineer, Missouri State Highway Commission George Kramb!es, Operating Manager, Chicago Transit Authority A. Scheffer Lang, Assistant to the President, Association of American Railroads Harold L. Michael, School of Civil Engineering, Purdue University D. Grant Mickle, President, Highway Users Federation for Safety and Mobility John T. Middleton, Consultant, Washington, D.C. James A. Moe, Director, California Department of Transportation • Elliott W.
    [Show full text]
  • Fugitive Migration Patterns
    FUGITIVE MIGRATION PATTERNS Darcy Kim Rossmo B.A., University of Saskatchewan, 1978 THESIS SUBMITTED IN PARTIAL FULFILLMENT.OF THE REQUIREMENTS FOR THE DEGREE OF M.A. (CRIMINOLOGY) in the School of Criminology @ Darcy Kim Rossmo 1987 SIMON FRASER UNIVERSITY August 1987 . All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. APPROVAL Name: Darcy Kim Rossmo Degree: M.A. (Criminology) Title of thesis: Fugitive Migration Patterns Examining Committee: Chairman : Robert J. Menzies John Lowman Senior Supervisor - ,,, , JQ~H-w.~~stede- ~hdrtern- Frofessor, School of Criminology Date Approved: August, 1987 PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Fugitive Migration Patterns Author: (signature) Darcy Kim Rossmo (name (date) ABSTRACT The vast majority of accused adults in Canada are released through a variety of legal processes at some point prior to the final disposition of their cases.
    [Show full text]
  • Sword Or Shield: Due Process and the Fugitive Disentitlement Doctrine Martha B
    Journal of Criminal Law and Criminology Volume 87 Article 4 Issue 3 Spring Spring 1997 Sword or Shield: Due Process and the Fugitive Disentitlement Doctrine Martha B. Stolley Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Martha B. Stolley, Sword or Shield: Due Process and the Fugitive Disentitlement Doctrine, 87 J. Crim. L. & Criminology 751 (1996-1997) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 00914169/96/8703-0751 TnEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 87, No. 3 Copyright © 1997 by Northwestern University, School of Law Prnted in U.S.A. SWORD OR SHIELD: DUE PROCESS AND THE FUGITIVE DISENTITLEMENT DOCTRINE Degen v. United States, 116 S. Ct. 1777 (1996) I. INTRODUCTION In Degen v. United States,' the United States Supreme Court ad- dressed whether to expand the fugitive disentitlement doctrine2 be- yond its traditional criminal appeals setting to the context of civil forfeiture.3 The Court unanimously ruled that a person who is a fugi- tive from justice on a criminal charge is not barred from defending against a civil action brought by the Government to confiscate his property.4 In refusing to extend the doctrine to the
    [Show full text]
  • Emmy Award Winners
    CATEGORY 2035 2034 2033 2032 Outstanding Drama Title Title Title Title Lead Actor Drama Name, Title Name, Title Name, Title Name, Title Lead Actress—Drama Name, Title Name, Title Name, Title Name, Title Supp. Actor—Drama Name, Title Name, Title Name, Title Name, Title Supp. Actress—Drama Name, Title Name, Title Name, Title Name, Title Outstanding Comedy Title Title Title Title Lead Actor—Comedy Name, Title Name, Title Name, Title Name, Title Lead Actress—Comedy Name, Title Name, Title Name, Title Name, Title Supp. Actor—Comedy Name, Title Name, Title Name, Title Name, Title Supp. Actress—Comedy Name, Title Name, Title Name, Title Name, Title Outstanding Limited Series Title Title Title Title Outstanding TV Movie Name, Title Name, Title Name, Title Name, Title Lead Actor—L.Ser./Movie Name, Title Name, Title Name, Title Name, Title Lead Actress—L.Ser./Movie Name, Title Name, Title Name, Title Name, Title Supp. Actor—L.Ser./Movie Name, Title Name, Title Name, Title Name, Title Supp. Actress—L.Ser./Movie Name, Title Name, Title Name, Title Name, Title CATEGORY 2031 2030 2029 2028 Outstanding Drama Title Title Title Title Lead Actor—Drama Name, Title Name, Title Name, Title Name, Title Lead Actress—Drama Name, Title Name, Title Name, Title Name, Title Supp. Actor—Drama Name, Title Name, Title Name, Title Name, Title Supp. Actress—Drama Name, Title Name, Title Name, Title Name, Title Outstanding Comedy Title Title Title Title Lead Actor—Comedy Name, Title Name, Title Name, Title Name, Title Lead Actress—Comedy Name, Title Name, Title Name, Title Name, Title Supp. Actor—Comedy Name, Title Name, Title Name, Title Name, Title Supp.
    [Show full text]
  • A Historical/Critical Analysis of the Tv Series the Fugitive
    A HISTORICAL/CRITICAL ANALYSIS OF THE TV SERIES THE FUGITIVE THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF SCIENCE By David P. Pierson, B.S. Denton, Texas May, 1993 Pierson, David P., A Historical/Critical Analysis Of The TV Series The Fugitive. Master of Science (Radio/TV/Film), May 1993, 168 pp., bibliography, 70 titles. In many respects, the popular 1960's television series, The Fugitive perfectly captured the swelling disillusionment with authority, alienation, and discontent that soon encompassed American society. This historical/critical study provides a broad overview of the economic, social, and political climate that surrounded the creation of The Fugitive. The primary focus of this study is the analysis of five discursive topics (individualism, marriage, justice & authority, professionalism, science and technology) within selected episodes and to show how they relate to broader cultural debates which occurred at that time. Finally, this study argues that The Fui1gitive is a part of a television adventure subgenre which we may classify as the contemporary "wanderer-hero" narrative and traces its evolution through selected television series from the last three decades. TABLE OF CONTENTS Chapter Page I. INTRODUCTION . 1 The Sixties The Emergence of a Television Culture The Fugitive Notes on Methodology II. THE TV INDUSTRY AND THE FUGITIVE . 26 The Great Shift ABC-TV Network and the Creation of The Fugitive 60's Programming Trends and The Fugitive III. THE DISCURSIVE FUGITIVE . 70 Individualism Marriage Justice and Authority Professionalism Science and Technology Conclusion IV.
    [Show full text]
  • FREEDOM, OR the MARTYR's GRAVE" Black Pittsburgh's Aid to the Fugitive Slave R
    a FREEDOM, OR THE MARTYR'S GRAVE" Black Pittsburgh's Aid to the Fugitive Slave R. J. M.Blackett When the sun comes back and the first quail calls, Follow the drinkiri gourd, For then the old man is a-waitin' for to carry you to freedom, Ifyou follow the drinkin' gourd FOLLOW THE DRINKIN* GOURD history of antebellum northern black urban communities is Theone of resistance to racial oppression and the development of in- stitutions to cater to the needs of blacks in a rapidly expanding indus- trial economy. Between 1830 and 1860, black communities from Boston to Cincinnati forged, nurtured, and sustained their own insti- tutions in their battle to survive in what, in many instances, were extremely hostile environments. They created their own churches as a protest against segregation in white churches and founded black newspapers to air their views, literary societies to improve skills, temperance and moral reform societies, masonic lodges, and secret societies to protect their communities from outside encroachment. By mid-century, these institutions were well developed through decades of involvement in the Negro Convention, abolitionist and anti- colonization movements, and local efforts to improve the lot of black communities. Just as well that they were, for on September 18, 1850, President Millard Fillmore signed into law the infamous Fugitive Slave Law, which guaranteed to southern slave interests the return of their escaped chattels. Black communities rose to the occasion and with the support of white abolitionists stood four-square against at- tempts to enforce the new law. This article willexamine the efforts employed by the black community in Pittsburgh to aid fugitives and to resist the Fugitive Slave Law.
    [Show full text]
  • The Fugitive Disentitlement Doctrine
    U.S. Department of Justice Washington, D.C. 20530 Vol. 17, No. 3 MARCH 2013 LITIGATION HIGHLIGHTS Ninth Circuit Remands I-212 Class Action to District Court To Determine Whether Intervening Brand-X De- ADOPTION cision Applies Retroactively To Class Members ►BIA must recognize nunc pro tunc adoption decrees (9th Cir.) 10 In 2007, the Ninth Circuit held that I-212 waiver applicants already that plaintiff and a class of other Mex- unlawfully present in the United States ASYLUM ican citizens who had been previously are also subject to the ten-year bar ►Terrorism inadmissibility bar deported or removed from the United under INA § 212(a)(9)(C)(ii). does not apply to asylum grantee (5th States and then subsequently reen- Cir.) 7 tered without inspection, were ineligi- Following the remand to the dis- ►Immediate family members of a ble “as a matter of law” to adjust their trict court, plaintiffs sought, inter alia, local business owner Is not a particu- status because they were “ineligible to prevent the retroactive application lar social group (8th Cir.) 8 to receive I-212 waivers.” Duran- of Duran Gonzales I to those class ►Inconsistencies between an asy- Gonzales v. DHS, 508 F.3d 1227 (9th members who had filed their I-212 lum claim and State Department re- Cir. 2007) (Duran Gonzales I). Plain- applications prior to that decision. The ports cannot serve as the sole basis tiffs contended that, notwithstanding district court rejected the plaintiffs’ for an adverse credibility finding the statutory requirement that ten contentions and they timely appealed (11th Cir.) 11 year elapse between their last depar- contending that Duran Gonzales I ►Unsuccessful police efforts did ture from the United States and their should be given only prospective ef- not establish government was unable waiver application, Ninth Circuit case fect.
    [Show full text]
  • FUGITIVE SLAVE LAW of 1850 Wikimedia Commons Wikimedia
    THE FUGITIVE SLAVE LAW OF 1850 Wikimedia Commons Wikimedia Senator Henry Clay of Kentucky introducing the Compromise of 1850 in the United States Senate. In 1850, Southerners succeeded in getting a new federal law South to guide about 70 slaves to freedom. “I was free, passed to return fugitive slaves who had escaped to the North. and they should be free,” she said. The U.S. government enforced this law, but some Northern Abolitionists argued that once slaves touched states passed laws to resist it. Sometimes, free blacks and sym- pathetic whites joined to rescue captured fugitive slaves. the soil of a non-slave state, they were free. Some Northern states prohibited county sheriffs from as- The idea of returning fugitive slaves to their own- sisting slave hunters or allowing county jails to hold ers originated at the Constitutional Convention in their captives. 1787. At that time, the Constitution stated: In 1842, the U.S. Supreme Court in Prigg v. No Person held to Service or Labor in one State, Pennsylvania found the Fugitive Slave Law of 1793 under the Laws thereof, escaping into another, constitutional. However, enforcement of the law was shall, in Consequence of any Law of Regulation the responsibility of the federal government, held the therein, be discharged from such Service or Labor, court, not the states. The Supreme Court also decided but shall be delivered up on Claim of the Party to that slave holders had “the complete right and title of whom such Service or Labor may be due. (U.S. ownership in their slaves, as property, in every state Const.
    [Show full text]
  • The Arrest Prior to Extradition of Fugitives from Justice of Another State D
    Hastings Law Journal Volume 17 | Issue 4 Article 7 1-1966 The Arrest Prior to Extradition of Fugitives from Justice of Another State D. McKay Snow Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation D. McKay Snow, The Arrest Prior to Extradition of Fugitives from Justice of Another State, 17 Hastings L.J. 767 (1966). Available at: https://repository.uchastings.edu/hastings_law_journal/vol17/iss4/7 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. The Arrest Prior to Extradition of Fugitives from Justice of Another State By D. McKAY SNOW* THE Constitution of the United States, article IV, section 2, provides that a fugitive from Justice of a sister state, upon demand of its execu- tive, shall be delivered to the authorities of that state to answer the charges made against hnt.1 The purpose of this article is to investigate the laws of the several states concerning the requirements for a valid arrest within their borders of fugitives from justice, where the arrest is made before demand for extradition.2 The Law Prior to the Uniform Criminal Extradition Act Whereas modernly the concern of the law has been directed toward the requirements for a valid arrest prior to demand for extradition, the issue which claimed the attention of the first courts of our land to con- sider the problem was whether such an arrest could be valid under any circumstances.
    [Show full text]