Law: Human rights and civil liberties Books
University of Pennsylvania Press The Promise of Human Rights Constitutional
Book SynopsisTrade Review"Jamie Mayerfeld's The Promise of Human Rights is a timely corrective to persistent misconceptions about international human rights law's relationship to United States sovereignty and democracy. At a moment when 'American Exceptionalism' has re-emerged, in a new and crasser form, as a normative challenge to compliance with international legal constraints, Mayerfeld reminds us of American democracy's roots in a Madisonian tradition that emphasizes the complex challenges of self-government and the need for checks on the concentration of power. Mayerfeld correctly notes that national sovereignty, far from precluding international legal obligations, is precisely what is exercised in the undertaking of such obligations." * Human Rights Review *"Jamie Mayerfeld's new book is an important contribution to both scholarly and popular debates about the legitimacy of international human rights law. . . . Mayerfeld's analysis effectively connects the specific strategies designed to limit the influence of international human rights law on US domestic law to how these specific moves were later exploited by Bush administration officials to legitimize torture." * Ethics *"The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law is a compelling analysis of American exceptionalism and international human rights law. . . . [It] is a rich contribution to literatures on human rights and democratic theory and on America's place in the world, as well as the empirical literature on European institutions." * The Journal of Politics *"This is a remarkable book. . . . [It] offers a valuable and much needed reminder: International human rights law is not only about improving the practices of other countries (an 'outward looking' justification) but also about improving the practices of one's own country (an 'inward looking' justification). . . . A very good read." * Perspectives on Politics *"Carefully researched and clearly written, the book has much relevance to contemporary times." * Choice *"One of the most important of the powerful arguments in this wide-ranging book is its demonstration that the marginalization of international human rights in U.S. legal culture facilitated the 'moral and legal wreckage' and the 'strategic calamity' recently produced by torture." * Henry Shue, University of Oxford *"Jamie Mayerfeld's book is an important contribution to democratic theory and to human rights scholarship. His reasoning is lucid, the research careful, and the breadth impressive." * Michael Goodhart, University of Pittsburgh *"The Promise of Human Rights speaks directly to U.S. debates about the appropriate relationship between international human rights law and domestic law and places the debates firmly within the context of torture in the War on Terror. Jamie Mayerfeld contributes an original addition to the scholarship." * Fiona de Londras, University of Birmingham *Table of ContentsIntroduction Chapter 1. Human Rights Chapter 2. Madison's Compound Republic and the Logic of Checks and Balances Chapter 3. Europe and the Virtues of International Constitutionalism Chapter 4. American Exceptionalism and the Betrayal of Human Rights, Part I: The Torture Memos Chapter 5. American Exceptionalism and the Betrayal of Human Rights, Part II: Enabling Torture Chapter 6. The Democratic Legitimacy of International Human Rights Law Conclusion Notes Index Acknowledgments
£25.19
University of Pennsylvania Press Democracy Without Justice in Spain
Book SynopsisSpain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain''s national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for tTrade Review"Omar Encarnación has written a learned, thoughtful, and indeed humane critique of those who believe that there are universal solutions to the problem of nations coping with a recent history of conflict and oppression. His book should find readers well beyond Iberian specialists. He raises some of the most important questions of our time, and they concern us all." * Ian Buruma, author of Year Zero: A History of 1945 *"A first-rate piece of scholarship that undertakes a detailed empirical analysis of a controversial and important issue, leading to a well-founded conclusion that challenges the conventional wisdom." * Richard Gunther, Ohio State University *
£52.70
University of Pennsylvania Press The Human Right to Citizenship
Book SynopsisIn principle, no human individual should be rendered stateless: the Universal Declaration of Human Rights stipulates that the right to have or change citizenship cannot be denied. In practice, the legal claim of citizenship is a slippery concept that can be manipulated to serve state interests. On a spectrum from those who enjoy the legal and social benefits of citizenship to those whose right to nationality is outright refused, people with many kinds of status live in various degrees of precariousness within states that cannot or will not protect them. These include documented and undocumented migrants as well as conventional refugees and asylum seekers living in various degrees of uncertainty. Vulnerable populations such as ethnic minorities and women and children may find that de jure citizenship rights are undermined by de facto restrictions on their access, mobility, or security.The Human Right to Citizenship provides an accessible overview of citizenship regimes aTrade Review"An empirically rich, diverse, and informative contribution to sociological citizenship studies." * Karolina S. Follis, Lancaster University *Table of ContentsIntroduction. The Human Right to Citizenship —Rhoda E. Howard-Hassmann PART I. THE LEGAL CONTEXT Chapter 1. Human Rights of Noncitizens —David Weissbrodt Chapter 2. Statelessness: A Matter of Human Rights —Kristy A. Belton PART II. GROUP STATLESSNESS Chapter 3. The Palestinian People: Ambiguities of Citizenship —Michal Baer Chapter 4. State of Stateless People: The Plight of Rohingya Refugees in Bangladesh —Nassir Uddin Chapter 5. Mobilizing Against Statelessness: The Case of Brazilian Emigrant Communities —Carolina Moulin PART III. LEGISLATED LIMBO Chapter 6. Natives, Subjects, and Wannabes: Internal Citizenship Problems in Postcolonial Nigeria —Chidi Anselm Odinkalu Chapter 7. Capricious Citizenship: Identity, Identification, and Banglo-Indians —Sujata Ramachandran Chapter 8. Are Children's Rights to Citizenship Slippery or Slimy? —Jacqueline Bhabha and Margareta Matache Chapter 9. How Citizenship Laws Leave the Roma in Europe's Hinterland —Helen O'Nions PART IV. LABOR MIGRANTS Chapter 10. Slippery Slopes into Illegality and the Erosion of Citizenship in the United States —Nancy Ann Hiemstra and Alison Mountz Chapter 11. Managed into the Margins: Examining Citizenship and Human Rights of Migrant Workers in Canada —Janet McLaughlin and Jenna Hennebry PART V. EMERGING ISSUES AND MODELS Chapter 12. Shapeshifting Citizenship in Germany: Expansion, Erosion, and Extension —Thomas Faist Chapter 13. Multiple Citizenships and Slippery Statecraft —Kim Rygiel and Margaret Walton-Roberts Chapter 14. Sticky Citizenship —Audrey Macklin Conclusion: Slippery Citizenship and Retrenching Rights —Margaret Walton-Roberts Notes List of Contributors Index Acknowledgments
£59.50
The Catholic University of America Press The Myth of Liberalism
Book Synopsis
£29.96
Rutgers University Press Jersey Justice The Story of the Trenton Six
Book SynopsisThe case of the Trenton Six attracted international attention in its time (1946–1952) Yet, there is no memory of it. The shame of racism evident in the case has been nearly erased from the public record. Now, historian Cathy D. Knepper takes us back to the courtroom to make us aware of this shocking chapter in American history.Trade Review"The story of the Trenton Six parallels the ordeal of the Alabama defendants known as the 'Scottsboro Boys.' Unlike the Scottsboro case, however, the Trenton case has largely faded from public view. Knepper has performed an important service by bringing the story of the six Trenton defendants back to light. She convincingly demonstrates that in all likelihood innocent men came close to losing their lives for a crime committed by others." -- Richard A. Rosen * Professor Emeritus, University of North Carolina School of Law *"In 1949 six African-American men in Trenton, New Jersey were sentenced to death by electrocution on the basis of coerced confessions and manipulated eyewitness testimony. Historian Cathy Knepper lays out the intriguing story of their struggle for exoneration. Starting virtually alone, Bessie Mitchell, sister of one of the six, garnered popular support in what became a world-wide campaign to free the men, involving the likes of Paul Robeson and Thurgood Marshall. The author clearly shows that in the United States innocent people can, and do, get sentenced to death, a problem of great concern to the present day." -- Sister Helen Prejean"Jersey Justice is an important book that brings to light a forgotten case of racial injustice while reinforcing the ubiquity of such events in American history and ultimately offering an effective critique of the death penalty. [A] riveting work." * Historian *Table of ContentsAcknowledgments1. The Crime and the Trenton Six2. The Trial, Prosecution3. The Trial, Defense4. Bessie Mitchell Finds Help5. Second Trial, Prosecution6. Second Trial, Defense7. Two Men LeftList of PrincipalsNotesIndex
£26.59
New York University Press The Rodrigo Chronicles Conversations About
Book SynopsisDiscusses the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination.Trade Review"Richard Delgado is a triple pioneer. He was the first to question free speech ideology; he and a few others invented Critical Race Theory, and he is both a theorist and an exemplar of the importance of story-telling to the workings of the law. This volume brings all of Delgado's strengths together in a stunning performance." -- Stanley Fish,author of There's No Such Thing as Free Speech; and It's a Good Thing, Too"An excellent starting place for the national discussion about race we so desperately need." * The Washington Post Book World *"A probing, thoughtful explication of the unexamined myths and assumptions that condition so many current U.S. public policy debates." * Booklist *"A novel in which two 'intellectuals of color'—the narrator, a middle-aged law professor, and his protege, Rodrigo Crenshaw—sit down and hash out the issues of our time. . . Intellectually exuberant" * Los Angeles Times *
£24.99
New York University Press Speaking of Race Speaking of Sex Hate Speech
Book SynopsisArgues that hate speech restrictions are not only dangerous, but counterproductive. Acknowledging the legitimacy of concerns that prompt speech codes and combining support for civil liberties with a concern for civil rights issues, this title demonstrates that it is difficult, to draw the line between unprotected insults and protected ideas.Trade Review"A powerful collection of essays challenging the advocates of curbing speech in order to promote equality. Most impressively, these writers make their case not through name-calling, but by taking them seriously, and dissecting, opposing arguments and acknowledging complexities, and by invoking informed common sense in bracing prose." -- Gerald Gunther,author of The Learned Hand: The Man and the Judge"A thoughtful book that offers significant insights on the potential perils of imposing restraints in the traditional First Amendment rights." -- A. Leon Higginbotham, Jr.
£24.99
New York University Press Reproducing Racism How Everyday Choices Lock In
Book SynopsisRacial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.Trade Review"A tremendously important examination of the racial disparity in achievement in America; one that tests the reflexive assumptions of both liberals and conservatives on the subject. Roithmayr's sobering read on our inequality gapits roots and its lingering effectsshould be required reading for anyone who believes in simple causation or easy fixes for the equality gap. This is a clear-eyed, and often brutal look at whether America is indeed 'post-racial' and what we must demand of ourselves to get there." -- Dahlia Lithwick,Senior Editor, Slate"Offers an explanation of the operation of race that transcends and incorporates the best extant scholarship on the issue." -- Steven Ramirez,Loyola University Chicago"The disadvantaged status of many blacks and Latinos is an enduring problem. Legal scholar Daria Roithmayr gives us profoundly important leverage on the 'locked-in' nature of American racial inequality. Her accessible and ably documented book shows how the historic works of 'racial cartels' like the Jim Crow system gave white Americans a now self-reinforcing and troublingly permanent economic advantage in life. Critically, she shows how todays ostensibly race-neutral processes of family inheritance, social network ties, and institutional practices and meritocratic standards make racial inequality automatic. This book is a necessary antidote to all the nonsense talk of post-racialism." -- Lawrence D. Bobo,W. E. B. Du Bois Professor of the Social Sciences, Harvard University"The most persuasive argument I've yet seen for why racial inequality persists and what we can do about it. Well-written, well-researched, and well worth reading." -- W. Brian Arthur,External Professor, Santa Fe Institute"This book, which builds on an already impressive body of work by Professor Daria Roithmayr, deserves to be widely read. It is methodologically serious and theoretically rigorous." -- Gerald Torres,Bryant Smith Chair in Law, the University of Texas at Austin School of Law"This is a well-researched and thought provoking analysis of the legacy and complexity of racism that has broad implications for American politics and social policies." -- Vanessa Bush * Booklist *"Reproducing Racism: How Everyday Choices Lock in White Advantageby Daria Roithmayr, argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination." * Z Magazine *Table of ContentsAcknowledgments Introduction 1. The More Things Change, the More They Stay the Same Some (Incomplete and Unsatisfying) Explanations for Persistent Inequality 2. Cheating at the Starting Line How White Racial Cartels Gained an Early Unfair Advantage during Jim Crow 3. Racial Cartels in Action An In-Depth Look at Historical Racial Cartels in Housing and Politics 4. Oh Dad, Poor DadHow Whites' Early Unfair Advantage in Wealth Became Self-Reinforcing over Time 5. It's How You Play the Game How Whites Created Institutional Rules That Favored Them over Time 6. Not What You Know, but Who You Know How Social Networks Reproduce Early Advantage 7. Please Won't You Be My Neighbor?How Neighborhood Effects Reproduce Racial Segregation 8. Locked In How White Advantage May Now Have Become Hard-Wired into the System 9. Reframing Race How the Lock-In Model Helps Us to Think in New Ways about Racial Inequality 10. Unlocking Lock-In Some General Observations (and One or Two Suggestions) on Dismantling Lock-In Conclusion Notes Index About the Author
£70.30
New York University Press Hate Thy Neighbor MoveIn Violence and the
Book SynopsisEnhances our understanding of how prevalent segregation and hate-crime remain, and offers insightful analysis of a complex mix of remedies that can work to address this difficult problemTrade Review"Hate They Neighbor shows in devastating detail the rise and persistence of tactics for preventing residential racial integration, starting in the 20th century and continuing into the present. Although many minorities can find good housing in areas they can afford, just enough of their neighbors still greet them with cross-burnings, firebombs, and violence to send an ongoing warning: integrate at your own risk." -- Amanda I. Seligman,University of Wisconsin-Milwaukee"A fascinating and deeply upsetting look at the issue of white Americans perpetrating violence in order to prevent housing integration. Recommended for scholarly readers interested in the intersection of law, public policy, and race." -- Rachel Bridgewater * Library Journal *"Puts an unsparing spotlight on one of the least discussed yet most intractable barriers to full civil rights for all Americans. . . . Stunning and tragic. . . . Hate Thy Neighbor is both empirical and poignant. Her proposals for how to address this enduring scandal will, without any doubt, launch new reflection, new movements, new hope." -- Patricia J. Williams,Columbia Law School""An important, informative, disturbing, surprisingly encouraging book. Although Ive taught, researched, and written about housing discrimination and segregation for decades, this book exposed me to much that I hadnt known.. . . The facts Bell relates are shocking in their cruelty and brutality. . . . A'must read' for anyone concerned about residential racial discrimination and segregation. " -- Florence Wagman Roisman,William F. Harvey Professor of Law, Indiana University Robert H. McKinney School of Law"Another new book to share with the younger generation is Jeannine Bell's Hate Thy Neighbor, a sobering reminder of how the legacy of the past lives on...Bell's book offers an important reality check for those who believe that racism is no longer a problem." * Tikkun *"In the bookHate Thy Neighbor, Jeannine Bell turns our attention to the often overlooked factor of anti-integrationist violence as a threat to minority decisions to move into white neighborhoods. In an era when most whites view racial struggles to be a thing of the past, Bells data is not only a stark reminder of how far we have to go, but also a demonstration of our legal systems failure to provide sufficient remedy for such acts." * American Journal of Sociology *"An impassioned advocate, the author puts a human face on statistics, drawing our attention to the financial and psychological damage sustained by individual victims of move-in violence...The cumulative effect is powerful and disturbing, a nuanced view of race relations in the age of Obama and a reminder to civil rights advocates of unfinished business." * Publishers Weekly *Table of ContentsAcknowledgments Introduction: Violence and the Neighborhood Color Line 1. The Roots of Contemporary Move-In Violence 2. The Contemporary Dynamics of Move-In Violence 3. Anti-Integrationist Violence and the Tolerance-Violence Paradox4. Racism or Power? Explaining Perpetrator Motivation in Interethnic Cases5. When Class Trumps Race: Explaining Perpetrator Motivation in Interclass Cases6. Responding to Neighborhood Hate Crimes Conclusion: The Reality of Anti-Integrationist Violence and Prospects for IntegrationNotes Index About the Author
£31.35
New York University Press The Supreme Court in the Intimate Lives of Ameri
Book SynopsisPersonal rights, such as the right to procreate - or not -and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights.Trade ReviewIn this truly fascinating and spellbinding work, Ball tells many tales. * Choice *A wonderful book dealing with personal issues each of us as individuals may face. Well-written and absorbing reading with numerous case studies that rely on materials and insider accounts from the private papers of the justices, this is a book for the general public and specialists alike to savor. -- Sheldon Goldman,University of Massachusetts, Amherst...A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States. * Political Science Quarterly *Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade. * New York Law Journal *...A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect. * Trial *Table of Contents1 "Fundamental" Rights versus State Interests: The Balancing Process 2 Marriage and Marital Privacy 3 The "Rhapsody of the Unitary Family" 4 Motherhood or Not, That Is Her Decision 5 Raising the Child: "Father Knows Best"? 6 "Let Me Go!": Death in the Family 7 Family and Personal Privacy in the Twenty-First Century
£23.74
New York University Press What Brown V. Board of Education Should Have Said
Book SynopsisNine of America's top legal experts rewrite the landmark desegregation decision as they would like it to have been written.Trade Review"Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms." * Journal of the West *"Balkan offers his own assessment in a critical introduction and the iconic impact of Brown." * Black Issues Book Review *"A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time." -- Randall Kennedy,Harvard Law School"In this thought-provoking volume, the academically distinguished ‘justices' of the ‘Balkin Court' offer competing thoughts about the role of the Supreme Court and the Constitution in overcoming racial discrimination. Complete with helpful introductory material, commentary on their opinions by each ‘justice,' and the texts of the original Brown decisions, What Brown v. Board of Education Should Have Said is a valuable source of ideas, commentary, and insights into the challenges of racial discrimination, both historical and present." -- Gerald Rosenberg,Northwestern University School of Law"This intriguing collection provides unique insights into the way today's constitutional theorists would go about deciding Brown v. Board of Education, and into contemporary constitutional theory more generally. It also illuminates Brown v. Board of Education itself, by bringing the insights of nearly fifty years of experience to bear on the problem the Court faced in 1954. Those interested in Brown and in constitutional theory will all benefit from thinking about what these authors have to say." -- Mark Tushnet,Georgetown University Law CenterTable of Contentspart i : Brown v. Board of Education-ACritical Introduction 1 Brown as Icon 2 The History of the Brown Litigation 3 Rewriting Brown: A Guide to the Opinions part ii : Revised Opinions in Brown v. Board of Education * Jack M. Balkin (judgment of the Court) * Drew S. Days III (concurring) * Bruce Ackerman (concurring) * Frank I. Michelman (concurring in part and concurring in the judgment) * John Hart Ely (concurring in the judgment except as to the remedy) * Catharine A. MacKinnon (concurring in the judgment) * Michael W. McConnell (concurring in the judgment) * Cass R. Sunstein (concurring in the judgment) * Derrick A. Bell (dissenting)
£22.79
The University of Alabama Press The Conscience of a Lawyer Clifford J Durr and American Civil Liberties 18991975
Book SynopsisClifford Judkins Durr was an Alabama lawyer who played an important role in defending activists and other accused of disloyalty during the New Deal and McCarthy eras. His uncompromising commitment to civil liberties and civic decency caused him to often take unpopular positions.Trade ReviewThis book is well-researched and provides much inside information about Washington in the New Deal era and about the New Deal itself. The experience of the Durrs during the McCarthy era attests to the horrors of that period. It also tells much about the plight of Southern moderates during the Civil Rights era." - James C. Cobb, University of Tennessee-Knoxville"Although Durr's family, social, and political connections undoubtedly eased his way, his way was not easy. The Conscience of a Lawyer makes it clear that Durr was, above all, a decent and honest man who had the courage of his convictions." - Journal of Southern History
£23.36
LUP - University of Georgia Press Race and Reproduction in Cuba
Book SynopsisWhile existing scholarship has approached Cuba’s demographic history through the lens of migration, both forced and voluntary, Race and Reproduction in Cuba challenges this male-normative perspective by centering women in the first book-length history of reproduction in Cuba.
£138.17
Ohio University Press The Papers of Clarence Mitchell Jr. Volume V
Book SynopsisThe 1957 Civil Rights Act was the first successful lobbying campaign by an organization dedicated to that purpose since Reconstruction. Building on the 1954 Brown v. Board of Education decision, the law marked a turning point for the legislative branch in the struggle to accord Black citizens full equality under the Constitution.Trade Review“Clarence Mitchell, Jr., for decades waged in the halls of Congress a stubborn, resourceful and historic campaign for social justice. The integrity of this ‘101st senator’ earned him the respect of friends and adversaries alike. His brilliant advocacy helped translate into law the protests and aspirations of millions consigned for too long to second-class citizenship. The hard-won fruits of his labors have made America a better and stronger nation.”“The Papers of Clarence Mitchell Jr. is a primary source and analytical goldmine for scholars of civil rights and labor struggles in the twentieth-century United States…. Well organized, engagingly written, and edited with cogent commentary, these two volumes (III & IV) take us inside Mitchell’s activist office and let us hear his own words.” * Journal of Southern History *
£56.10
Fordham University Press The Princeton Fugitive Slave
Book SynopsisJames Collins Johnson was an escaped slave working at Princeton University in 1843 when he was arrested and tried as a fugitive. Though convicted and slated for return to slavery, he was redeemed by a local white woman. Johnson became one of the best-known vendors at Princeton over his six-decade career. This book challenges this uncomplicated account of Johnson’s life.Table of ContentsPreface | vii Timeline | xxiii Introduction | 1 1 James Collins of Maryland, and His Escape from Slavery | 13 2 Princeton Slavery, Princeton Freedom | 37 3 The Betrayal and Arrest of James Collins Johnson | 57 4 The Fugitive Slave Trial of James Collins Johnson | 68 5 The Rescue of James Collins Johnson | 84 6 Johnson’s Princeton Life after the Trial | 100 Conclusion | 129 Acknowledgments | 133 Notes | 137 Bibliography | 205 Index | 229
£16.14
Edward Elgar Publishing Ltd Intellectual Property Human Rights and
Book SynopsisThis detailed book explores the relationship between intellectual property, competition and human rights.Trade Review‘. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners. -- Roxanne A. Stokes, Journal of High Technology Law‘. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown’s contribution is timely and important.’ -- Christopher Stothers, European Competition Law Review‘Abbe Brown’s new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.’ -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden‘Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!’ -- Paul Torremans, University of Nottingham, UK‘Abbe Brown’s study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown’s study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.’ -- F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The NetherlandsTable of ContentsContents: Foreword by Charlotte Waelde 1. ‘The Essence of Intellectual Property Rights is the Right to Exclude’ 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index
£104.00
Briscoe Center for American History Destiny of Democracy
Book Synopsis
£32.40
Edward Elgar Publishing Ltd Interrogating the Morality of Human Rights
Book SynopsisTrade Review‘The radical nature of Michael Perry’s “agapaistic” conceptualization of human rights seems at once intuitive, but somehow to have eluded the vast majority of commentators, particularly those with a legal background. Students and seasoned scholars alike will benefit from this return to the foundational ideas and claims of the human rights idea.’ -- Dustin Sharp, University of San Diego, US‘Few scholars have understood the philosophy and application of human rights as well as Michael Perry. In this volume, with his customary clarity and care, Perry has boiled his insights down to their essence and demonstrated their utility in dealing with some of the most controversial moral issues of our time. It is a capstone work, indispensable reading for anyone who cares about the subject.’ -- Richard Kay, University of Connecticut, US‘All interested in human rights in both the international and US contexts should read this book. It is a creative treatment of legal and philosophical approaches. Perry’s stress on the spirit of solidarity as key to promoting human rights is a powerful contribution.’ -- David Hollenbach, Georgetown University, US‘Michael Perry’s lifelong project has been to give a philosophical account of human rights, beginning with its foundational basis and ending with specific prescriptions for controversial cases. His writing combines spectacular intellectual ambition, moral urgency, and rigor in a way that should be a model for all scholars.’ -- Andrew Koppelman, Northwestern University, USTable of ContentsContents: Introduction: Interrogating the morality of human rights – Introductory overview PART I THE MORALITY OF HUMAN RIGHTS 1. Preliminary questions 2. The most fundamental question: What justification, if any? PART II TWO FUNDAMENTAL HUMAN RIGHTS: MORAL EQUALITY AND MORAL FREEDOM 3. The human right to moral equality and the constitutional right to equal protection 4. The human right to moral freedom and the constitutional right of privacy PART III THREE HUMAN-RIGHTS-BASED CONTROVERSIES: CAPITAL PUNISHMENT, ABORTION, AND SAME-SEX MARRIAGE 5. Capital punishment as a contested human rights issue 6. Criminalizing abortion as a contested human rights issue 7. Excluding same-sex couples from civil marriage as a contested human rights issue 8. Who decides? PART IV ANTIPOVERTY RIGHTS—AND VULNERABILITY THEORY 9. Poverty as a human rights issue 10 Vulnerability theory and the morality of human rights: Complementary, not competitive Conclusion: Human rights inflation? Extreme economic inequality and global warming as human rights issues Appendix. Index
£80.00
Edward Elgar Publishing Ltd Automated DecisionMaking and Effective Remedies
Book SynopsisTrade Review‘Simona Demkova’s monograph on the challenges to the right to an effective remedy posed by what she innovatively terms “semi-automated decision-making” in information cooperation in the EU AFSJ constitutes an important addition to the growing literature on EU-wide large-scale IT systems. Her administrative law lens through which information cooperation is studied is refreshing, thought provoking and original.’ -- Niovi Vavoula, Queen Mary University of London, UK‘By putting together two of the at present most interesting and, at the same time, most complex topics for EU Administrative Law scholarship, this book provides a clever and extremely welcome insight on European composite decision-making supported by algorithmically underpinned or otherwise automated decision-making support systems and on its negative impact on the effectiveness of judicial protection.’ -- Diana-Urania Galetta, Università degli Studi di Milano, Italy‘This book provides invaluable insights not only on the impact of technological progress on the protection of private persons but also on the difficulties of providing effective judicial protection in the face of the increasingly multi-jurisdictional and cross-border nature of administrative decision-making processes used for the implementation of EU law.’ -- Mariolina Eliantonio, Maastricht University, the NetherlandsTable of ContentsContents: 1. Introduction 2. Automated information processing in EU composite decision-making 3. The legal framework: Rights, remedies and obligations in semi-automated decision-making 4. Allocating responsibilities 5. Accessing remedies 6. Exercising effective review: trust but care? 7. Effective remedies in the age of automation: Findings and recommendations 8. Conclusion Index
£90.00
Edward Elgar Publishing Ltd Research Handbook on Human Rights and Poverty
Book SynopsisTrade Review'The Research Handbook on Human Rights and Poverty is a timely and welcome addition to the growing literature on poverty, economic inequality and human rights. Coming at a propitious global moment, in the wake of a crushing pandemic that has reinforced and exacerbated the historical causes, impacts and patterns of poverty, this volume provides cogent and innovative insights into confronting poverty as a core human rights issue. An impressively interdisciplinary exploration by a collection of thoughtful and informed scholars and advocates who are well versed in the issues of poverty and human rights, the Handbook is a compelling and useful text for educators. Hopefully, it may also spawn commitments from policy makers and governments worldwide to confront the urgent need to eradicate poverty and inequality.' -- – Penelope Andrews, President, Law & Society Association (2019-2021); Professor of Law and Director, Racial Justice Project, New York Law SchoolTable of ContentsContents: Opening Note Michelle Bachelet Forward Philip Alston xix Introduction to the Research Handbook on Human Rights and Poverty xxv PART I DEFINITIONS, MEASUREMENTS AND STANDARDS 1 A human rights-based approach to measuring poverty 2 Olivier De Schutter 2 From stigma to rights: uncovering the hidden dimension of poverty 21 Magdalena Sepúlveda Carmona 3 Current perspectives on global poverty: rights, capabilities and social exclusion 37 Ayşe Buğra 4 Is economic inequality a violation of human rights? 53 Gillian MacNaughton 5 Poverty and political rights: an exercise of recovery from oblivion 69 Karolina Miriam Januszewski and Manfred Nowak 6 Human rights and poverty reduction: what are the linkages? 88 Hans-Otto Sano PART II CROSS-CURRENTS A. POVERTY, HUMAN RIGHTS, AND IDENTITY 7 Breaking the link between poverty and disability: re-purposing human rights in the 21st century 106 Gerard Quinn 8 Poverty, older persons and human rights 125 Andrew Byrnes 9 Child impoverishment and the human rights of children 141 Wouter Vandenhole 10 Capping motherhood 156 Meghan Campbell 11 The price that is paid: violence and discrimination based on sexual orientation and gender identity and poverty 171 Victor Madrigal-Borloz 12 Assessing racialized poverty: the case of Romani people in the European Union 192 Margareta Matache and Simona Barbu 13 Rights, racism, and poverty: failures of the global commitment to leave no one behind 211 Gay McDougall B. POVERTY AND HUMAN RIGHTS, INTERSECTING WITH GEOGRAPHY AND PLACE 14 Immigration, poverty and human rights 230 Tally Kritzman-Amir 15 Human rights and a-legality: destitution of persons seeking asylum in the EU 247 Eleni Karageorgiou 16 Seeing human rights like a city: the prospects and perils of the ‘urban turn’ 264 Natalia Ángel-Cabo and Luisa Sotomayor 17 The role of local authorities in addressing poverty and implementing human rights norms 279 Moritz Baumgärtel 18 Addressing poverty at its base: the housing and land rights approach 295 Miloon Kothari 19 The land rights-poverty nexus 310 Alfred Lahai Gbabai Brownell Sr. 20 Indigenous Peoples’ land rights: a culturally sensitive strategy for poverty eradication and sustainable development 324 Alejandro Fuentes C. POVERTY, HUMAN RIGHTS AND PARTICIPATION 21 Human rights, poverty and mobilizations 339 Domingo A. Lovera-Parmo 22 Advancing human rights through legal empowerment of the disadvantaged 355 Lisa Hilbink and Valentina Salas PART III MECHANISMS AND POLICIES 23 A human rights critique of contemporary social policy paradigms: new behaviourism, social investment and new universalism 371 Volkan Yilmaz 24 The human right to housing in the age of financialization 386 Leilani Farha and Kaitlin Schwan 25 The right to health for people living in poverty: a human rights perspective 402 Mette Hartlev 26 Human rights and abortion access for people living in poverty: implications for the United States and globally 417 Risa E. Kaufman and Diana Kasdan 27 What is wrong with the privatization of education as anti-poverty policy from a human rights perspective? 433 Antonio Barboza-Vergara and Esteban Hoyos-Ceballos 28 Poverty, labour law and human rights: a necessary connection 447 Lee Swepston and Constance Thomas 29 Minimum wage, poverty reduction and human rights in Cambodia: a case study 464 Sophal Chea 30 Fair taxes to end poverty 476 Åsa Gunnarsson PART IV STRUCTURAL BARRIERS 31 Climate change, human rights and poverty: intersections and challenges 491 Sumudu Atapattu 32 Corruption as a human rights violation 508 Khulekani Moyo 33 Conflict, poverty and human rights violations 523 Zafer Kizilkaya 34 Human rights, technology and poverty 537 Linnet Taylor and Hellen Mukiri-Smith 35 Beyond the state: holding international institutions and private entities accountable for poverty alleviation 552 Lucy Williams Index
£48.40
Edward Elgar Advanced Introduction to Indigenous Human Rights
Book Synopsis
£98.67
Edward Elgar Publishing Advanced Introduction to Indigenous Human Rights
Book Synopsis
£18.95
Johns Hopkins University Press Challenges to Academic Freedom
Book SynopsisA must-read collection on contemporary threats to academic freedom. Academic freedom may be threatened like never before. Yet confusion endures about what professors have a defensible right to say or publish, particularly in extramural forums like social media. At least one source of the confusion in the United States is the way in which academic freedom is often intertwined with a constitutional freedom of speech. Though related, the freedoms are distinct. In Challenges to Academic Freedom, Joseph C. Hermanowicz argues that, contrary to many historical views, academic freedom is not static. Rather, we may view academic freedom as a set of relational practices that change over time and place. Bringing together scholars from a wide range of fields, this volume examines the current conditions, as well as recent developments, of academic freedom in the United States. the sources of recurring threat to academic freedom; administrative interference and overreach; the effects of adminTable of ContentsIntroduction. Problems and PerspectivesJoseph C. HermanowiczPart I. An Illustration 1. Administrative Interference and Overreach: The "Adler Controversy" and the Twenty-First Century University Patricia A. Adler and Peter AdlerPart II. The University and the External World 2. The End of Clear Lines: Academic Freedom and Administrative Law Stephen Turner3. Waiting for Their Day in Court: A History of Professors and the Legal Status of Academic Freedom John R. Thelin4. Extramural Speech, Academic Freedom, and the AAUP: An Historical Account Hans-Joerg Tiede5. Attacks on Tweets: Academic Freedom, Social Media, and the Corporate University Gaye TuchmanPart III. The University and Its Internal World6. Academic Freedom in a Contingent Academy Gary Rhoades7. The Challenges of Academic Freedom for Contingent Faculty Eve Weinbaum and Dan Clawson8. Academic Freedom and Institutional Review Laura Stark9. Reclaiming Harvard Law School: An Expression of Student Academic Freedom Philip LeePart IV. Lessons from History 10. Academic Freedom and Its Useful Past Timothy Reese CainContributors Index
£31.50
Johns Hopkins University Press Death in Custody
Book SynopsisThe United States significantly undercounts the number of people who die in law enforcement custody each year. How can we fix this?Deaths resulting from interactions with the US criminal legal system are a public health emergency, but the scope of this issue is intentionally ignored by the very systems that are supposed to be tracking these fatalities. We don't know how many people die in custody each year, whether in an encounter with police on the street, during transport, or while in jails, prisons, or detention centers. In order to make a real difference and address this human rights problem, researchers and policy makers need reliable data. In Death in Custody, Roger A. Mitchell Jr., MD, and Jay D. Aronson, PhD, share the stories of individuals who died in custody and chronicle the efforts of activists and journalists to uncover the true scope of deaths in custody. From Ida B. Wells's enumeration of extrajudicial lynchings more than a century ago to the Washington Post's current eTrade ReviewDeath in Custody is a radical shift in how to analyze violence, misconduct, and dysfunction in the criminal justice system in the modern era.Aronson and Mitchell offer recommendations for attempting to sort out this crisis, but this book would be important even if it didn't. Death in Custody makes the case that white supremacy, economic inequality, and exploitation are among the causes of this festering problem.—The ProgressiveDeath in Custody provides readers with the brutal history on which the U.S. criminal legal system was built.These unnecessary deaths will continue to occur until there is a uniform way of making our judicial system transparent and accountable.—ZEKE magazineIn Death in Custody, Roger A. Mitchell Jr. and Jay D. Aronson argue that deaths in law enforcement custody amount to a public health emergency. Their work ties in high-profile examples and shows how journalists have long done the work of tracking in-custody deaths.Mitchell and Aronson argue that collecting accurate data is the first step toward addressing this crisis.—Chris BlackwellThere's no real way to know how many people die in custody each year. In their book, Death in Custody, Roger and Jay chronicle the efforts of activists and journalists to uncover the true scope of this problem, to try to figure out how many people actually are dying in custody. And they argue for a straightforward solution. I learned a lot from this book. It blew my mind.—DeRay McKesson, Pod Save the PeopleDr. Mitchell and Professor Aronson's meticulous examination of our criminal legal system is a shocking exposure of just how little our society knows or cares to know about people dying in custody. In their careful accounting of various attempts to understand and prevent deaths in custody, one thing becomes clear: the reforms on the margins that federal, state, and local governments engage in are simply not enough to stop the human suffering that occurs every day in this country.—Hunter Parnell, Public Defenseless PodcastDeeply researched.—AZ LuminariaIn a striking collaboration, Roger A. Mitchell (a pathologist) and Jay D. Aronson (a human rights expert) expose an underappreciated problem at the intersection of public health and criminal justice: People who die in police custody are often unaccounted for. By combining perspectives ranging from historical analysis to contemporary methods in public health and statistics, the authors highlight a gap that reveals major challenges in the criminal legal system and in our public health infrastructure.—Harvard Public Health, "Best Public Health Books of 2023"In their courageous and often gripping book Death in Custody, Roger A. Mitchell (a pathologist) and Jay D. Aronson (a human rights expert) teach us that the process through which deaths are counted or characterized is a justice issue in and of itself.—C. Brandon Ogbunu, Harvard Public HealthNo one really knows exactly how many people across the country die in jails and prisons each year. This intricate investigation by Aronson and Mitchell details how things came to be this way.—Los Angeles TimesTable of ContentsIntroduction1. Lynching2. Early Advocacy Against Police Killings3. The Death in Custody Reporting Act4. Before Sandra Bland: Custodial Deaths in Texas5. Mortality Behind Bars: Documenting Deaths in Prisons, Jails, and Detention Centers6. Homicide: Death at the Hands of Another7. The Checkbox and BeyondIndex
£21.60
Temple University Press,U.S. Constructing the Enemy
Book SynopsisAn argument, based in history, law, literature, and philosophy, for empathy as an integral part of decisions about who will be designated an enemy of the stateTrade Review"Constructing the Enemy is a fascinating book-nuanced and engaging-that weaves together legal theory, the realities of legal practice, historical vignettes, and literary analysis. Srikanth artfully straddles disciplines and adds important new insights. Her refined, subtly developed topic is quite timely, and her ideas about empathy/antipathy are both challenging and accessible." -Daniel Kanstroom, Boston CollegeTable of ContentsAcknowledgements 1. Introduction: The Landscape of Empathy 2. Literary Imagination and American Empathy 3. Deserving Empathy? Renouncing American Citizenship 4. Hierarchies of Horror, Levels of Abuse: Empathy for the Internees 5. Guantanamo: Where Lawyers Connect with the "Worst of the Worst" Conclusion
£22.49
Temple University Press,U.S. Critical Race Theory
Book SynopsisA significant revision of a classroom mainstay for the twenty-first centuryTrade ReviewPraise for the Second Edition: "[A]n important resource for those who are willing to invest time and energy in trying to understand the extraordinarily complicated ways race and racism function in this country, and the ways those dynamics spill over into many other areas." The Diversity FactorTable of ContentsAcknowledgmentsIntroductionSuggested ReadingsPART I CRITIQUE OF LIBERALISM1 After We’re Gone: Prudent Speculations on America in a Postracial Epoch • Derrick A. Bell, Jr.2 The Chronicles, My Grandfather’s Stories, and Immigration Law: The Slave Traders Chronicle as Racial History • Michael A. Olivas3 The New Racial Preferences • Devon W. Carbado and Cheryl I. Harris4 When the First Quail Calls: Multiple Consciousness as Jurisprudential Method • Mari J. Matsuda5 A Critique of “Our Constitution is Color-Blind” • Neil Gotanda6 Liberal McCarthyism and the Origins of Critical Race Theory • Richard Delgado7 Forbidden Conversations on Race, Privacy, and Community • Charles R. Lawrence IIIFrom the Editors: Issues and CommentsSuggested ReadingsPART II STORYTELLING, COUNTERSTORYTELLING, AND NAMING ONE'S OWN REALITY8 Property Rights in Whiteness: Their Legal Legacy, Their Economic Costs • Derrick A. Bell, Jr.9 Storytelling for Oppositionists and Others: A Plea for Narrative • Richard Delgado10 The Richmond Narratives • Thomas Ross11 Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case • Gerald Torres and Kathryn Milun12 Alchemical Notes: Reconstructing Ideals from Deconstructed Rights • Patricia J. Williams13 A Furious Kinship: Critical Race Theory and the Hip-Hop Nation • andré douglas pond cummingsFrom the Editors: Issues and CommentsSuggested ReadingsPART III REVISIONIST INTERPRETATIONS OF HISTORY AND CIVIL RIGHTS PROGRESS14 Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law • Robert A. Williams, Jr.15 Desegregation as a Cold War Imperative • Mary L. Dudziak16 Liberal McCarthyism: How Four Radical Professors Lost Their Jobs and How Their Displacement Contributed to the Dissemination of Critical Thought • Richard Delgado17 The “Caucasian Cloak ”: Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest • Ariela J. Gross18 Did the First Justice Harlan Have a Black Brother? • James W. GordonFrom the Editors: Issues and CommentsSuggested ReadingsPART IV CRITICAL UNDERSTANDINGS OF THE SOCIAL SCIENCE UNDERPINNINGS OF RACE AND RACISM19 Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling • Richard Delgado20 Law as Microagression • Peggy C. Davis21 Implicit Bias, Election 2008, and the Myth of a Postracial America • Gregory S. Parks and Jeffrey J. Rachlinski22 Trojan Horses of Race • Jerry Kang23 Working Identity • Devon W. Carbado and Mitu Gulati24 The Social Construction of Race • Ian F. Haney López25 Cracking the Egg: Which Came First—Stigma or Affirmative Action? • Angela Onwuachi-Willig, Emily Houh, and Mary CampbellFrom the Editors: Issues and CommentsSuggested ReadingsPART V CRIME26 Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes • Jody D. Armour27 The New Jim Crow • Michelle Alexander28 Racially Based Jury Nullification: Black power in the Criminal Justice System • Paul Butler29 Race and Self-Defense: Toward a Normative Conception of Reasonableness • Cynthia Kwei Yung LeeFrom the Editors: Issues and CommentsSuggested ReadingsPART VI STRUCTURAL DETERMINISM30 Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation • Derrick A. Bell, Jr.31 The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism • Charles R. Lawrence III32 Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills? • Richard Delgado and Jean Stefancic33 Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest • Juan F. PereaFrom the Editors: Issues and CommentsSuggested ReadingsPART VII RACE, SEX, CLASS, AND THEIR INTERSECTIONS34 Race and Essentialism in Feminist Legal Theory • Angela P. Harris35 A Hair Piece: Perspectives on the Intersection of Race and Gender • Paulette M. Caldwell36 From Practice to Theory, or What Is a White Woman Anyway? • Catharine A. MacKinnon37 The Employer Preference for the Subservient Worker and the Making of the Brown-Collar Workplace • Leticia M. SaucedoFrom the Editors: Issues and Comments Suggested ReadingsPART VIII ESSENTIALISM AND ANTIESSENTIALISM38 “The Black Community,” Its Lawbreakers, and a Politics of Identification • Regina Austin39 Traces of the Master Narrative in the Story of African American–Korean American Conflict: How We Constructed “Los Angeles” • Lisa C. Ikemoto40 Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other -isms)• Trina Grillo and Stephanie M. Wildman41 A House Divided: The Invisibility of the Multiracial Family • Angela Onwuachi-Willig and Jacob Willig-OnwuachiFrom the Editors: Issues and CommentsSuggested ReadingsPART IX GAY-LEBSIAN QUEER ISSUES42 Gendered Inequality • Elvia R. Arriola43 Sexual Politics and Social Change • Darren Lenard Hutchinson44 Racing the Closet • Russell K. Robinson From the Editors: Issues and CommentsSuggested ReadingsPART X BEYOND THE BLACK-WHITE BINARY45 The Black-White Binary Paradigm of Race • Juan F. Perea46 Toward an Asian American Legal Scholarship: Critical Race Theory, Poststructuralism, and Narrative Space • Robert S. Chang47 Race and Erasure: The Salience of Race to Latinos/as • Ian F. Haney López48 Mexican Americans and Whiteness • George A. Martinez49 A Rage Shared by Law: Post–September 11 Racial Violence as Crimes of Passion • Muneer I. Ahmad50 In Defense of the Black-White Binary: Reclaiming a Tradition of Civil Rights Scholarship • Roy L. Brooks and Kirsten Widner51 Racial Classification in America: Where Do We Go from Here? • Kenneth PrewittFrom the Editors: Issues and CommentsSuggested ReadingsPART XI CULTURAL NATIONALISM AND SEPARATISM52 Rodrigo’s Chronicle • Richard Delgado53 Much Respect: Toward a Hip-Hop Theory of Punishment • Paul Butler54 Legal Violence and the Chicano Movement • Ian F. Haney López55 Demise of the Talented Tenth: The Increasing Underrepresentation of Ascendant Blacks at Selective Higher Education Institutions • Kevin Brown and Jeannine Bell56 Law as a Eurocentric Enterprise • Kenneth B. NunnFrom the Editors: Issues and CommentsSuggested ReadingsPART XII INTERGROUP RELATIONS57 Embracing the Tar Baby: Lat-Crit Theory and the Sticky Mess of Race • Leslie G. Espinoza and Angela P. Harris58 Our Next Race Question: The Uneasiness Between Blacks and Latinos • Jorge Klor de Alva, Earl Shorris, and Cornel West59 Afro-Mexicans and the Chicano Movement: The Unknown Story • Tanya Katerí Hernández60 Beyond Racial Identity Politics: Toward a Liberation Theory for Multicultural Democracy • Manning Marable61 Rethinking Alliances: Agency, Responsibility, and Interracial Justice • Eric K. YamamotoFrom the Editors: Issues and Comments Suggested ReadingsPART XIII LEGAL INSTITUTIONS, CRITICAL PEDAGOGY, AND MINORITIES IN THE LAW62 The Civil Rights Chronicles: The Chronicle of the DeVine Gift • Derrick A. Bell, Jr.63 The Imperial Scholar: Reflections on a Review of Civil Rights Literature • Richard Delgado64 Who is Excellent? • Mari J. Matsuda65 Complimentary Discrimination and Complementary Discrimination in Faculty Hiring • Angela Onwuachi-WilligFrom the Editors: Issues and Comments Suggested ReadingsPART XIV CRITICAL RACE FEMINISM66 Stealing Away: Black Women, Outlaw Culture, and the Rhetoric of Rights • Monica J. Evans67 Máscaras, Trenzas, y Greñas: (Un)masking the Self While (Un)Braiding Latina Stories and Legal Discourse • Margaret E. Montoya68 Converging Stereotypes in Racialized Sexual Harassment: Where the Model Minority Meets Suzie Wong • Sumi K. Cho69 Of Woman Born: Courage and Strength to Survive in the Maquiladoras of Reynosa and Río Bravo, Tamaulipas • Elvia Rosales ArriolaFrom the Editors: Issues and Comments Suggested ReadingsPART XV CRITICISM AND SELF-ANALYSIS70 Racial Critiques of Legal Academia • Randall L. Kennedy71 Derrick Bell—Race and Class: The Dilemma of Liberal Reform • Alan D. Freeman72 Telling Stories Out of School: An Essay on Legal Narratives • Daniel A. Farber and Suzanna Sherry73 A Systemic Analysis of Affirmative Action in American Law Schools • Richard H. SanderFrom the Editors: Issues and Comments Suggested ReadingsPART XVI CRITICAL RACE PRAXIS74 Fidelity to Community: A Defense of Community Lawyering • Anthony V. Alfieri75 The Work We Know So Little About • Gerald P. López76 Making the Invisible Visible: The Garment Industry’s Dirty Laundry • Julie A. Su77 Vampires Anonymous and Critical Race Practice • Robert A. Williams, Jr.From the Editors: Issues and Comments Suggested ReadingsPART XVII CRITICAL WHITE STUDIES78 White by Law • Ian F. Haney López79 Innocence and Affirmative Action • Thomas Ross80 Language and Silence: Making Systems of Privilege Visible • Stephanie M. Wildman with Adrienne D. Davis81 White Latinos • Ian F. Haney López82 Rodrigo’s Portent: California and the Coming Neocolonial Order • Richard DelgadoFrom the Editors: Issues and Comments Suggested ReadingsContributorsIndex
£70.55
Temple University Press,U.S. Critical Race Theory
Book SynopsisA significant revision of a classroom mainstay for the twenty-first centuryTrade ReviewPraise for the Second Edition: "[A]n important resource for those who are willing to invest time and energy in trying to understand the extraordinarily complicated ways race and racism function in this country, and the ways those dynamics spill over into many other areas." The Diversity FactorTable of ContentsAcknowledgmentsIntroductionSuggested ReadingsPART I CRITIQUE OF LIBERALISM1 After We’re Gone: Prudent Speculations on America in a Postracial Epoch • Derrick A. Bell, Jr.2 The Chronicles, My Grandfather’s Stories, and Immigration Law: The Slave Traders Chronicle as Racial History • Michael A. Olivas3 The New Racial Preferences • Devon W. Carbado and Cheryl I. Harris4 When the First Quail Calls: Multiple Consciousness as Jurisprudential Method • Mari J. Matsuda5 A Critique of “Our Constitution is Color-Blind” • Neil Gotanda6 Liberal McCarthyism and the Origins of Critical Race Theory • Richard Delgado7 Forbidden Conversations on Race, Privacy, and Community • Charles R. Lawrence IIIFrom the Editors: Issues and CommentsSuggested ReadingsPART II STORYTELLING, COUNTERSTORYTELLING, AND NAMING ONE'S OWN REALITY8 Property Rights in Whiteness: Their Legal Legacy, Their Economic Costs • Derrick A. Bell, Jr.9 Storytelling for Oppositionists and Others: A Plea for Narrative • Richard Delgado10 The Richmond Narratives • Thomas Ross11 Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case • Gerald Torres and Kathryn Milun12 Alchemical Notes: Reconstructing Ideals from Deconstructed Rights • Patricia J. Williams13 A Furious Kinship: Critical Race Theory and the Hip-Hop Nation • andré douglas pond cummingsFrom the Editors: Issues and CommentsSuggested ReadingsPART III REVISIONIST INTERPRETATIONS OF HISTORY AND CIVIL RIGHTS PROGRESS14 Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law • Robert A. Williams, Jr.15 Desegregation as a Cold War Imperative • Mary L. Dudziak16 Liberal McCarthyism: How Four Radical Professors Lost Their Jobs and How Their Displacement Contributed to the Dissemination of Critical Thought • Richard Delgado17 The “Caucasian Cloak ”: Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest • Ariela J. Gross18 Did the First Justice Harlan Have a Black Brother? • James W. GordonFrom the Editors: Issues and CommentsSuggested ReadingsPART IV CRITICAL UNDERSTANDINGS OF THE SOCIAL SCIENCE UNDERPINNINGS OF RACE AND RACISM19 Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling • Richard Delgado20 Law as Microagression • Peggy C. Davis21 Implicit Bias, Election 2008, and the Myth of a Postracial America • Gregory S. Parks and Jeffrey J. Rachlinski22 Trojan Horses of Race • Jerry Kang23 Working Identity • Devon W. Carbado and Mitu Gulati24 The Social Construction of Race • Ian F. Haney López25 Cracking the Egg: Which Came First—Stigma or Affirmative Action? • Angela Onwuachi-Willig, Emily Houh, and Mary CampbellFrom the Editors: Issues and CommentsSuggested ReadingsPART V CRIME26 Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes • Jody D. Armour27 The New Jim Crow • Michelle Alexander28 Racially Based Jury Nullification: Black power in the Criminal Justice System • Paul Butler29 Race and Self-Defense: Toward a Normative Conception of Reasonableness • Cynthia Kwei Yung LeeFrom the Editors: Issues and CommentsSuggested ReadingsPART VI STRUCTURAL DETERMINISM30 Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation • Derrick A. Bell, Jr.31 The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism • Charles R. Lawrence III32 Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills? • Richard Delgado and Jean Stefancic33 Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest • Juan F. PereaFrom the Editors: Issues and CommentsSuggested ReadingsPART VII RACE, SEX, CLASS, AND THEIR INTERSECTIONS34 Race and Essentialism in Feminist Legal Theory • Angela P. Harris35 A Hair Piece: Perspectives on the Intersection of Race and Gender • Paulette M. Caldwell36 From Practice to Theory, or What Is a White Woman Anyway? • Catharine A. MacKinnon37 The Employer Preference for the Subservient Worker and the Making of the Brown-Collar Workplace • Leticia M. SaucedoFrom the Editors: Issues and Comments Suggested ReadingsPART VIII ESSENTIALISM AND ANTIESSENTIALISM38 “The Black Community,” Its Lawbreakers, and a Politics of Identification • Regina Austin39 Traces of the Master Narrative in the Story of African American–Korean American Conflict: How We Constructed “Los Angeles” • Lisa C. Ikemoto40 Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other -isms)• Trina Grillo and Stephanie M. Wildman41 A House Divided: The Invisibility of the Multiracial Family • Angela Onwuachi-Willig and Jacob Willig-OnwuachiFrom the Editors: Issues and CommentsSuggested ReadingsPART IX GAY-LEBSIAN QUEER ISSUES42 Gendered Inequality • Elvia R. Arriola43 Sexual Politics and Social Change • Darren Lenard Hutchinson44 Racing the Closet • Russell K. Robinson From the Editors: Issues and CommentsSuggested ReadingsPART X BEYOND THE BLACK-WHITE BINARY45 The Black-White Binary Paradigm of Race • Juan F. Perea46 Toward an Asian American Legal Scholarship: Critical Race Theory, Poststructuralism, and Narrative Space • Robert S. Chang47 Race and Erasure: The Salience of Race to Latinos/as • Ian F. Haney López48 Mexican Americans and Whiteness • George A. Martinez49 A Rage Shared by Law: Post–September 11 Racial Violence as Crimes of Passion • Muneer I. Ahmad50 In Defense of the Black-White Binary: Reclaiming a Tradition of Civil Rights Scholarship • Roy L. Brooks and Kirsten Widner51 Racial Classification in America: Where Do We Go from Here? • Kenneth PrewittFrom the Editors: Issues and CommentsSuggested ReadingsPART XI CULTURAL NATIONALISM AND SEPARATISM52 Rodrigo’s Chronicle • Richard Delgado53 Much Respect: Toward a Hip-Hop Theory of Punishment • Paul Butler54 Legal Violence and the Chicano Movement • Ian F. Haney López55 Demise of the Talented Tenth: The Increasing Underrepresentation of Ascendant Blacks at Selective Higher Education Institutions • Kevin Brown and Jeannine Bell56 Law as a Eurocentric Enterprise • Kenneth B. NunnFrom the Editors: Issues and CommentsSuggested ReadingsPART XII INTERGROUP RELATIONS57 Embracing the Tar Baby: Lat-Crit Theory and the Sticky Mess of Race • Leslie G. Espinoza and Angela P. Harris58 Our Next Race Question: The Uneasiness Between Blacks and Latinos • Jorge Klor de Alva, Earl Shorris, and Cornel West59 Afro-Mexicans and the Chicano Movement: The Unknown Story • Tanya Katerí Hernández60 Beyond Racial Identity Politics: Toward a Liberation Theory for Multicultural Democracy • Manning Marable61 Rethinking Alliances: Agency, Responsibility, and Interracial Justice • Eric K. YamamotoFrom the Editors: Issues and Comments Suggested ReadingsPART XIII LEGAL INSTITUTIONS, CRITICAL PEDAGOGY, AND MINORITIES IN THE LAW62 The Civil Rights Chronicles: The Chronicle of the DeVine Gift • Derrick A. Bell, Jr.63 The Imperial Scholar: Reflections on a Review of Civil Rights Literature • Richard Delgado64 Who is Excellent? • Mari J. Matsuda65 Complimentary Discrimination and Complementary Discrimination in Faculty Hiring • Angela Onwuachi-WilligFrom the Editors: Issues and Comments Suggested ReadingsPART XIV CRITICAL RACE FEMINISM66 Stealing Away: Black Women, Outlaw Culture, and the Rhetoric of Rights • Monica J. Evans67 Máscaras, Trenzas, y Greñas: (Un)masking the Self While (Un)Braiding Latina Stories and Legal Discourse • Margaret E. Montoya68 Converging Stereotypes in Racialized Sexual Harassment: Where the Model Minority Meets Suzie Wong • Sumi K. Cho69 Of Woman Born: Courage and Strength to Survive in the Maquiladoras of Reynosa and Río Bravo, Tamaulipas • Elvia Rosales ArriolaFrom the Editors: Issues and Comments Suggested ReadingsPART XV CRITICISM AND SELF-ANALYSIS70 Racial Critiques of Legal Academia • Randall L. Kennedy71 Derrick Bell—Race and Class: The Dilemma of Liberal Reform • Alan D. Freeman72 Telling Stories Out of School: An Essay on Legal Narratives • Daniel A. Farber and Suzanna Sherry73 A Systemic Analysis of Affirmative Action in American Law Schools • Richard H. SanderFrom the Editors: Issues and Comments Suggested ReadingsPART XVI CRITICAL RACE PRAXIS74 Fidelity to Community: A Defense of Community Lawyering • Anthony V. Alfieri75 The Work We Know So Little About • Gerald P. López76 Making the Invisible Visible: The Garment Industry’s Dirty Laundry • Julie A. Su77 Vampires Anonymous and Critical Race Practice • Robert A. Williams, Jr.From the Editors: Issues and Comments Suggested ReadingsPART XVII CRITICAL WHITE STUDIES78 White by Law • Ian F. Haney López79 Innocence and Affirmative Action • Thomas Ross80 Language and Silence: Making Systems of Privilege Visible • Stephanie M. Wildman with Adrienne D. Davis81 White Latinos • Ian F. Haney López82 Rodrigo’s Portent: California and the Coming Neocolonial Order • Richard DelgadoFrom the Editors: Issues and Comments Suggested ReadingsContributorsIndex
£42.30
New York University Press Taking Down Backpage
Book SynopsisTrade Review"Krell offers a thoughtful account of the exhaustive, meticulous work, roller coaster ups and downs, and careful collaboration she put into the campaign to curb the sale of children for sex ... The bulk of Krell’s book examines how her team painstakingly gathered evidence and wrote warrants to prove that Backpage was not a neutral platform occasionally used by nefarious traffickers, but was actively soliciting and helping to create these illegal ads." * The Washington Post *"A memoir, a legal thriller, and a heartening perspective on law enforcement at its best and brightest." * STARRED Kirkus Review *"Krell, a former deputy attorney general in the California Department of Justice, debuts with a brisk recap of her efforts to prosecute the owners of Backpage.com for sex trafficking […] She lucidly explains how criminal cases are built. The result is an informative account of justice served." * Publishers Weekly *"Maggy never lost sight of the human beings — many of them vulnerable women and children — who were falling prey to profits. In the fight against human trafficking, there is no one more dedicated to applying the law to seek justice for victims. Her work to take down Backpage was unprecedented and necessary to ensure safety for children who were repeated targets for extremely harmful forms of sexual exploitation through the listing service. Maggy’s commitment to victims and survivors continues — as she shares her tireless journey to inspire a new wave of freedom fighters to continue to adapt and respond to the savvy and bullish corporate beneficiaries of trafficking that will utilize any means possible to wreck lives — her account is a must read for anyone whose heart says the world can be changed for the better." -- Carissa Phelps, JD/MBA, Esq. Founder of Runaway Girl FPC and best selling author "Runaway Girl: Escaping Life on the Streets""This book is both a fascinating legal thriller about the power of justice and a chilling reminder of how pervasive and horrific human trafficking is. Krell weaves the story together in gripping fashion and leaves the reader with hope and inspiration." -- Ashlie Bryant, Co-founder and CEO of 3Strands Global Foundation"The story of Maggy’s valiant quest to bring Backpage to justice is an insiders view into the underground world of human trafficking. Maggy has been a major champion in the fight against human trafficking and I’ve had the honor of witnessing her tenacity and heart for justice. I still remember the moment of indescribable victory when she called me to tell me that justice had been served. As an educator, victim advocate, and sex-trafficking survivor myself, I know firsthand the great harm Backpage caused by normalizing sexual abuse and commodifying vulnerable youth. That is why Maggy is one of my heroes and her story must be read. Walk with her as she recounts her compelling journey and you’ll be deeply moved by the courageous efforts of a modern-day abolitionist. I firmly believe that this book is a breathtaking testament of what happens within our legal system that makes our world safer!" -- Leah Albright-Byrd (Activist, Author, Artist)"Maggy Krell is a kick-ass prosecutor and a true champion for children who have been victimized by sex trafficking. Her heroic efforts to bring Backpage to justice was a game changer. I’m thrilled she’s written this riveting narrative with chilling detail of how our nation’s children are victimized by online traffickers. Her work has saved children’s lives and is a lasting inspiration." -- John Walsh, co-founder, National Center for Missing & Exploited Children"Maggy’s story will remind lawyers why they went to law school and inspire anyone who dreams of becoming a lawyer and fighting for children who have been trafficked and abused. This book is a fascinating legal thriller, but it’s also the story of how one person can change the world with perseverance, creativity and legal grit. Maggy’s story will stay with you long after you turn the last page." -- Yiota Souras, Senior Vice President, National Center for Missing & Exploited Children"I'm so grateful Maggy decided to share her story, which describes how she was inspired to advocate for victims of sex trafficking and hold businesses accountable for their role in enabling commercial sexual exploitation of children. Maggy's work on the Backpage case changed the course of anti-trafficking efforts across the United States. I really appreciate her compelling insider account of how law enforcement and victims and survivors of sex trafficking ultimately prevailed." -- Holly Austin Gibbs, author of Walking Prey, How America's Youth are Vulnerable to Sex Slavery"Backpage reads like a movie, outlining how a dedicated California Department of Justice prosecutor and her small team took down the world’s most notorious online brothel and changed the national dialogue. It's a fast-paced, revelatory look at human trafficking in the internet-age, and a must read for anyone interested in the law in action." -- Dan Morain, Journalist, Author of Kamala’s Way"This book is a must read for every early- to mid-career lawyer who dreams of making the world more just. Maggy Krell is a role model for all of them, whatever their legal passion. Krell’s commitment to the survivors of human trafficking—children and youth—is unparalleled. Her work to hold the principals of Backpage accountable, against considerable odds, is an inspiration for us all." -- Lisa R. Pruitt, Martin Luther King, Jr., Professor of Law, UC Davis School of Law
£18.04
New York University Press Multiracials and Civil Rights
Book SynopsisNarratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the neTrade Review"[Hernandez’s] personal story as told in the preface helps enrich and inform this highly recommended work." -- CHOICE"In Multiracials and Civil Rights, Tanya Kateri Hernandez insightfully analyzes the claim that mixed race people will end racial discrimination as we know it and render inadequate the existing legal tools to address it. At the same time, Hernandez skillfully addresses the claims that the civil rights laws fail to address the discrimination against multiracial people in American social life. Unfortunately, racism and discrimination based on physical appearance -- even with the rise of multiracialism -- is alive and well in the modern United States and the traditional legal tools exist to support efforts to challenge discrimination against multiracial people. Multiracials and Civil Rights is a 'must read' for anyone interested in sophisticated analysis of the use of the civil rights laws to challenge discrimination in the United States." -- Kevin R. Johnson,Dean, UC Davis School of Law"The increase in interracial marriages following the Supreme Courts decision in Loving v. Virginia ushered in an era of racial self-identification as Lovings children struggle to define themselves in a world that views race as monolithic. Multiracials and Civil Rights is an important contribution to the emerging literature about the post-Loving multiracial generation. It explores claims that multiracials experience a unique form of race-based discrimination. This thoroughly researched book is a must read, the first legally-focused discussion of whether current anti-discrimination law adequately addresses discrimination claims by multiracials." -- Taunya Lovell Banks,Jacob A. France Professor of Equality Jurisprudence, University of Maryland Law School
£20.89
New York University Press Policing Unrest
Book SynopsisAn up-close account of policing during the Ferguson protests, providing insights from both police officers and members of the communityPolicing Unrest presents the frontline experiences of police officers during the intense three weeks of protest, vigils, looting, violence, and large civil demonstrations in and around Ferguson, Missouri, following the fatal shooting of Michael Brown by a police officer. Looking closely at the lived experiences of police officers and community residents, Tammy Rinehart Kochel raises important questions about police-community relations and the role of police as peacekeepers in support of social justice. Drawing on interviews with dozens of police personnel who policed the protests, Kochel offers insight into their shared experiences and provides compelling personal accounts of how they performed their jobs during the protest. The book covers a range of topics such as police-community relationships and community policing principles; how factors such as Trade Review"Policing unrest has become a key problem for American policing over the last decade, and one that has raised questions about the role of police in American society. This book is an essential read for anyone who wants to depart from the rhetoric and understand the problem from the perspectives of police and the community." * David Weisburd, co-editor of Police Innovation: Contrasting Perspectives *"Policing Unrest is a significant and timely book that highlights the importance of addressing the Ferguson protests and the ongoing tensions between Black communities and law enforcement. Using both theoretical nuance and empirical evidence, Tammy Rinehart Kochel gives voice to both police officers and community residents to raise and deliberate policy questions about improving police-community relations." * Jennifer E. Cobbina, author of Hands Up, Don't Shoot: Why the Protests in Ferguson and Baltimore Matter, and How They Changed America *"Kochel affords readers a vantage point on protests that they will not find in journalism or social media: that of officers who policed – and were the objects of – protests in Ferguson, Missouri. She adroitly weaves extant theory through new empirical evidence not only to tell the story of protest policing and its aftermath, but also to shine new light on core issues of policing through the prism of the protests and the larger crisis of police legitimacy." * Robert E. Worden, co-author of Mirage of Police Reform: Procedural Justice and Police Legitimacy *
£23.74
New York University Press Fragmented Citizens
Book SynopsisA sweeping historical and political account of how our present-day policy debates around citizenship and equality came to beThe landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, the Supreme Court's ruling means that gay and lesbian citizens are one step closer to full equality with the rest of America. In Fragmented Citizens, Stephen M. Engel contends that the present moment in gay and lesbian rights in America is indeed one of considerable advancement and changebut that there is still much to be done in shaping American institutions to recognize gays and lesbians as full citizens. With impressive scope and fascinating examples, Engel traces thTrade Review"Fragmented Citizens is a major contribution to the interdisciplinary literature on LGBT rights. The book is meticulously researched and brimming with fascinating historical details.[A] considerable achievement." * Contemporary Sociology *"Offers innovative answers...that will likely be of interest to many sexualities scholars....Identifying five distinct ‘modalities of recognition’ that have been employed throughout the American polity, often simultaneously, Engel shows how the development of various agencies and institutions has led to tensions in policies and practices that have manifested as fragemented, and indeed unequal, citizenship for gay men and lesbians....Fragmented Citizens makes a meaningful contribution." -- Sexualities"In this ambitious and important book, Stephen Engel breaks new ground by introducing a new conceptfragmented citizenshipto the burgeoning field of citizenship studies. He shows how this kind of democratic citizenship is embedded in the general logic of American political development and convincingly connects fragmented citizenship to contemporary LGBT political experiencethereby opening up a whole new way to talk about the civic status of LGBT Americans." -- Richard M. Valelly,author of The Two Reconstructions: The Struggle for Black Enfranchisement"Engel delves into the problem of LGBT citizenship at what appears to be its moment of resolution. What he finds are incongruous advances, partial transformations, reconfigurations that open up new and unforeseen issues. In Fragmented Citizens, the LGBT movement becomes a lens through which abiding features of American political development are brought into focus. The result is a profound commentary on the limits of state recognition and the elusive quest for social justice." -- Stephen Skowronek,author of Presidential Leadership in Political Time: Reprise and Reappraisal"This is an impressive, well-argued and valuable book. All too often we associate the idea of LGBT citizenship with simply a concern about vindicating constitutional rights as if a proclamation by a court will ensure substantive equality once and for all. Stephen Engel persuasively challenges that view by positing a novel and important concept of a 'fragmented citizen.' This approach argues that rights do not operate independently of institutions and time.We must be attuned to the ways in which public and private institutions often haphazardly, tenuously, unexpectedly and even inconsistently recognize certain features of citizenship while denying others.LGBT citizenship in the United States provides a timely framework from which to develop this argument." -- Sonu Bedi,author of Beyond Race, Sex and Sexual Orientation: Legal Equality without Identity
£66.60
New York University Press LatCrit
Book SynopsisExamines LatCrit's emergence as a scholarly and activist community within and beyond the US legal academyEmerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudencea vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change. This slim volume tells the story of LatCrit's growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly inclined to better organTrade ReviewA must-read. Whether you have never read LatCrit literature or are an aficionado, there is much to savor in its transnational and multidimensional approach. The book reflects and celebrates LatCrit’s twenty-five-year commitment to theory, community, pedagogy, and praxis, reinforcing the importance of community building and intellectual evolution. -- Adrien K. Wing, Associate Dean and Bessie Dutton Murray Professor at the University of Iowa College of LawMany have been waiting for just such a comprehensive history of the emergence and flourishing of LatCrit. Built into the legal writings is the collective development of an intellectual movement spurring academic activism. -- Mary Romero, Professor Emerita in Justice & Social Inquiry, Arizona State UniversityValdes and Bender have performed an amazing service; not only have they summarized and amplified the mission of Critical Race Theory in its expression as LatCrit, but they have provided access to a methodology of grounded and engaged scholarship. This is significant work. -- Gerald Torres, Professor of Environmental Justice, Yale School of the Environment and Yale Law School
£62.90
New York University Press LatCrit
Book SynopsisExamines LatCrit's emergence as a scholarly and activist community within and beyond the US legal academyEmerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudencea vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change.This slim volume tells the story of LatCrit's growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly incliTrade ReviewA must-read. Whether you have never read LatCrit literature or are an aficionado, there is much to savor in its transnational and multidimensional approach. The book reflects and celebrates LatCrit’s twenty-five-year commitment to theory, community, pedagogy, and praxis, reinforcing the importance of community building and intellectual evolution. -- Adrien K. Wing, Associate Dean and Bessie Dutton Murray Professor at the University of Iowa College of LawMany have been waiting for just such a comprehensive history of the emergence and flourishing of LatCrit. Built into the legal writings is the collective development of an intellectual movement spurring academic activism. -- Mary Romero, Professor Emerita in Justice & Social Inquiry, Arizona State UniversityValdes and Bender have performed an amazing service; not only have they summarized and amplified the mission of Critical Race Theory in its expression as LatCrit, but they have provided access to a methodology of grounded and engaged scholarship. This is significant work. -- Gerald Torres, Professor of Environmental Justice, Yale School of the Environment and Yale Law School
£20.89
New York University Press Reproducing Racism
Book SynopsisArgues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for continuing advantageThis book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress?Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft. With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of JTrade Review"A tremendously important examination of the racial disparity in achievement in America; one that tests the reflexive assumptions of both liberals and conservatives on the subject. Roithmayr's sobering read on our inequality gapits roots and its lingering effectsshould be required reading for anyone who believes in simple causation or easy fixes for the equality gap. This is a clear-eyed, and often brutal look at whether America is indeed 'post-racial' and what we must demand of ourselves to get there." -- Dahlia Lithwick,Senior Editor, Slate"Offers an explanation of the operation of race that transcends and incorporates the best extant scholarship on the issue." -- Steven Ramirez,Loyola University Chicago"The disadvantaged status of many blacks and Latinos is an enduring problem. Legal scholar Daria Roithmayr gives us profoundly important leverage on the 'locked-in' nature of American racial inequality. Her accessible and ably documented book shows how the historic works of 'racial cartels' like the Jim Crow system gave white Americans a now self-reinforcing and troublingly permanent economic advantage in life. Critically, she shows how todays ostensibly race-neutral processes of family inheritance, social network ties, and institutional practices and meritocratic standards make racial inequality automatic. This book is a necessary antidote to all the nonsense talk of post-racialism." -- Lawrence D. Bobo,W. E. B. Du Bois Professor of the Social Sciences, Harvard University"The most persuasive argument I've yet seen for why racial inequality persists and what we can do about it. Well-written, well-researched, and well worth reading." -- W. Brian Arthur,External Professor, Santa Fe Institute"This book, which builds on an already impressive body of work by Professor Daria Roithmayr, deserves to be widely read. It is methodologically serious and theoretically rigorous." -- Gerald Torres,Bryant Smith Chair in Law, the University of Texas at Austin School of Law"This is a well-researched and thought provoking analysis of the legacy and complexity of racism that has broad implications for American politics and social policies." -- Vanessa Bush * Booklist *"Reproducing Racism: How Everyday Choices Lock in White Advantageby Daria Roithmayr, argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination." * Z Magazine *
£15.19
New York University Press Critical Race Theory Fourth Edition An
Book SynopsisTrade ReviewComprehensive and insightful, Critical Race Theory, Third Edition is a must read for those wondering ‘why the fuss?’ about racial justice and a must read for those who think they know. An essential tool for today’s world. -- Stephanie M. Wildman, Professor Emerita, Santa Clara UniversityWithout doubt this is the best introduction available to Critical Race Theory. The authors are inspirational writers who have shaped CRT from its inception to its present state as a global interdisciplinary movement of scholars and activists. CRT provides a radical and challenging perspective that reveals how racism shapes the everyday reality of the world; from law courts and prisons, to the economy, schools, media, and health care. -- David Gillborn, Emeritus Professor of Critical Race Studies, University of Birmingham, UKOne of the most acclaimed critical race theory books... accessible and informative. * Book Riot *
£999.99
New York University Press Racial Reconciliation and the Healing of a Nation
Book SynopsisThe work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race and especially the black/white divide in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. ChaptTrade ReviewFor critical readers wondering whether racial reconciliation is possible in the United States, whether many in the country are committed to curing the nations racial divisions, and what strategies might move the nation towards healing, Ogletree and Sarats new volume presents an extraordinary collection of modern essayists, looking back at de Tocqueville and Myrdal and forward to myriad lingering barriers to equal citizenship in American life. This compelling book lays bare the many challenges to and opportunities for reconciliation in this age of systemic racial disadvantage. -- Bryan K. Fair,author of Notes of a Racial Caste BabyAt a time when we sorely need it, this book challenges us not only to confront the painful state of race relations in this country but also to do the difficult work necessary to heal the deep wounds caused by our divisions. This collection of essays, written by a dynamic group of preeminent scholars, tackles some of the toughest social problems of our day, from discrimination and mistreatment of black and brown youth in public schools and in the criminal justice system to seemingly impenetrable segregation in the pews of churches across the country on Sunday morning. -- Montré D. Carodine,Professor of Law, The University of Alabama School of Law
£22.79
New York University Press Animus
Book SynopsisAn introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want those kinds of people in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale animus.Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution?Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme CourtTrade Review"By applying historical context to modern issues such as marriage equality, his discussion illuminates why understanding the concept of animus is important for judges and lawyers handling constitutional issues...Learning more about animus and its influence empowers us to work against it both as plaintiff lawyers and as citizens." * Trial *"Animus is thorough yet concise, taking an in-depth look at an area of constitutional law that has often perplexed students and scholars, and explaining it in an easily understandable and readable way...Given the easy-to-read prose and detailed explanations of difficult concepts, the book would also be a good selection for undergraduate courses in constitutional law." * Law Library Journal *"In this thoughtful, carefully reasoned book, William D. Araiza takes on one of the most important issues of contemporary constitutional law: when does a governments targeting of a particular group represent a constitutional wrong? In clear, concise language, Araiza makes the case that all Americans are protected against invidiously motivated government action, where that action amounts to unconstitutional animus. Drawing on a long history of legal thought condemning government actions targeting a particular group for disfavor, Araiza reveals a critical but often overlooked truth: that even today the Supreme Courts decisions offer real opportunities for groups seeking equality protections." -- Katie Eyer,Rutgers Law School"Professor Araiza's fascinating new book helps to illuminate an important and under-theorized area of constitutional law. In clear and jargon-free prose accessible to academics and lay readers alike, Araiza explains how the concept of 'animus' as an impermissible government objective has its roots in the nation's Founding. He also ties together several Supreme Court decisions over the past few decades--especially in the area of gay rights--that have vexed many constitutional analysts. And finally, he offers a way to think about animus that will help courts address future cases where government action appears to be based on simple dislike of a group of people. The book is a significant contribution to our understanding of constitutional law." -- Dale Carpenter,Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law, SMU Law School"Professor Araiza has provided a valuable service in revealing the history and motivations associated with the animus doctrine." * Chronicles *
£22.79
New York University Press Obamas Guantanamo
Book SynopsisThe U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled enemy combatants to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process. Obama's Guantánamo: Stories from an Enduring Prison describes President Obama's failure to close America's enduringTrade Review"Obama's Guantanamo...presents 14 essays from lawyers who work behind the scenes in the civilian habeas bar and the military commissions [that] make the case that Obama lost his way more than once when he had the chance to do the right thing, and retreated to the same failed positions of his predecessor." * Los Angeles Review of Books *"An alarming and important indictment of Obama's ineffectual approach to one of his signature campaign issues and of America's tarnished system of justice as a whole." * Kirkus Reviews *"These searing essays on the 'enduring prison' make an impressive follow up to The Guantanamo Lawyers, an earlier collection coedited by Hafetz...This book, from a legal perspective, looks deeply and insightfully into an American institution working in secret in the age of the War on Terror." * Publishers Weekly *"Jonathan Hafetz has done it again with Obama's Guantánamo. Picking up where The Guantánamo Lawyers left off, the book follows the depressing trajectory of the detentions over the course of the Obama administration, a period that began with high ideals and lofty rhetoric but, as chronicled in these stories, degenerated into a tale of Executive Branch irresolution and missed opportunities coupled with 'Guantánamo fatigue' on the part of the Supreme Court. The result was to leave the field to the U.S. Court of Appeals for the District of Columbia Circuit, which turned habeas corpus into a cruel joke, and Congress, which threw endless obstacles in President Obama's path. The precise timing and course of the endgame remains to be seen, although slowly but surely the prison population is dwindling, Spandau-like, to the point that even those most committed to keeping the place open will have to recognize how profligate and indefensible a waste of taxpayer resources it has become. Obama's Guantánamo helps ensure that the stories of the prisoners, their lawyers, and the public officials responsible for this overlong grim saga are remembered long after the doors are shuttered." -- Eugene R. Fidell,Yale University"This collection of essays reveals the many ways in which the Obama administration, Congress, and the courts have all failed the Guantánamo prisoners. Its publication comes at an important time, with just months for President Obama to fulfill his 2009 promise to close the prison for good. Everyone in a position of power and authority in the U.S. should pay attention to what the lawyers have to say." -- Andy Worthington,author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison
£23.74
New York University Press Fragmented Citizens
Book SynopsisA sweeping historical and political account of how our present-day policy debates around citizenship and equality came to beThe landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, the Supreme Court's ruling means that gay and lesbian citizens are one step closer to full equality with the rest of America. In Fragmented Citizens, Stephen M. Engel contends that the present moment in gay and lesbian rights in America is indeed one of considerable advancement and changebut that there is still much to be done in shaping American institutions to recognize gays and lesbians as full citizens. With impressive scope and fascinating examples, Engel traces thTrade Review"Fragmented Citizens is a major contribution to the interdisciplinary literature on LGBT rights. The book is meticulously researched and brimming with fascinating historical details.[A] considerable achievement." * Contemporary Sociology *"Offers innovative answers...that will likely be of interest to many sexualities scholars....Identifying five distinct ‘modalities of recognition’ that have been employed throughout the American polity, often simultaneously, Engel shows how the development of various agencies and institutions has led to tensions in policies and practices that have manifested as fragemented, and indeed unequal, citizenship for gay men and lesbians....Fragmented Citizens makes a meaningful contribution." -- Sexualities"In this ambitious and important book, Stephen Engel breaks new ground by introducing a new conceptfragmented citizenshipto the burgeoning field of citizenship studies. He shows how this kind of democratic citizenship is embedded in the general logic of American political development and convincingly connects fragmented citizenship to contemporary LGBT political experiencethereby opening up a whole new way to talk about the civic status of LGBT Americans." -- Richard M. Valelly,author of The Two Reconstructions: The Struggle for Black Enfranchisement"Engel delves into the problem of LGBT citizenship at what appears to be its moment of resolution. What he finds are incongruous advances, partial transformations, reconfigurations that open up new and unforeseen issues. In Fragmented Citizens, the LGBT movement becomes a lens through which abiding features of American political development are brought into focus. The result is a profound commentary on the limits of state recognition and the elusive quest for social justice." -- Stephen Skowronek,author of Presidential Leadership in Political Time: Reprise and Reappraisal"This is an impressive, well-argued and valuable book. All too often we associate the idea of LGBT citizenship with simply a concern about vindicating constitutional rights as if a proclamation by a court will ensure substantive equality once and for all. Stephen Engel persuasively challenges that view by positing a novel and important concept of a 'fragmented citizen.' This approach argues that rights do not operate independently of institutions and time.We must be attuned to the ways in which public and private institutions often haphazardly, tenuously, unexpectedly and even inconsistently recognize certain features of citizenship while denying others.LGBT citizenship in the United States provides a timely framework from which to develop this argument." -- Sonu Bedi,author of Beyond Race, Sex and Sexual Orientation: Legal Equality without Identity
£23.74
New York University Press Priests of Our Democracy
Book SynopsisPriests of OurDemocracy tells of the teachers and professors whobattled the anti-communist witch hunt of the 1950s. It traces the political fortunesof academic freedom beginning in the late 19th century, both oncampus and in the courts. Combining political and legal history with wrenchingpersonal stories, the book details how the anti-communist excesses of the 1950sinspired the Supreme Court to recognize the vital role of teachers andprofessors in American democracy. The crushing of dissent in the 1950simpoverished political discourse in ways that are still being felt, and FirstAmendment academic freedom, a product of that period, is in peril today. Incompelling terms, this book shows why the issue should matter to everyone.Trade ReviewMarjorie Heins, a civil liberties lawyer and founder of the Free Expression Policy Project, tracks the collision of politics, academic freedom, free speech, and the Constitution in this dense, well-researched study . . . . This compelling study demonstrates that precedent does not guarantee indefinite protection, and every generation must fight for its freedoms. * Publishers Weekly *What is & academic freedom, and why should it deserve special protection? These questions underpin Heinss history of the efforts to police the politics of schoolteachers and university professors. As the title suggests, Heins endorses Justice Felix Frankfurters assertion that teachers are & priests of Americas democracy, requiring exceptional freedoms to exchange ideas because of their special responsibility to foster & those habits of open-mindedness and critical inquiry which alone make for responsible citizens. The book shows how this assertion, and the body of case law underpinning it, emerged in the mid-twentieth century in response to efforts by anticommunists to control the classroom. It examines lawyers, activists, and individual citizens who challenged the establishment. * Journal of American Studies *The tension between national security and individual freedoms remains today. Heins presents a fascinating perspective on how these tensions became influential in debates over academic freedom, while offering a somewhat scathing review of the high courts ability to truly lead. Heins reminds the reader that the court more often follows societal trends than pushes towards progress. * H-Net *Priests of Our Democracy is a smart, well-crafted insightful book by an especially qualified author. -- Michael Steven Smith * Against the Current *Priests of Our Democracyis rich with detailed accounts of the many ways teachers and professors have struggled to define their rights of political expression, not only in the McCarthy era but also before and since. Heins shows that academic freedom is multidimensional, and its meanings are profoundly affected by cultural and political conditions. It is a narrative that encourages us to believe that substantial progress has been made... -- Richard Flacks * The Journal of Higher Education *[A] masterpiece of legal journalism... attention-grabbing and compelling. -- Alan Wald * Society for U.S. Intellectual History blog *[Hein's] exhaustive research and meticulous analysis of Supreme Court decisions is an important addition to the growing literature on anti-Communism repression of this period....The significance of her book lies in her careful unraveling of the court's rulings on issues of academic freedom, most of them postwar Red Scare cases...This is an important and valuable book for anyone interested in the Constitutional dimension of the anti-Communism that marred the history of the mid-twentieth century U.S....Marjorie Heins has done a remarkable job. -- Steve Leberstein * Working USA *An excellent history of how the law has dealt with academic McCarthyism Anyone with a stake in education [should read this book] for not only is it a good read about an important subject, but Heins tells a cautionary tale of an extensive and durable problem of which they are probably unaware. -- Professor Andrew Feffer * History News Network *Combining the legal insights of a constitutional scholar with the archival diligence of an historian, Marjorie Heins has written the definitive study of the Supreme Courts most important academic freedom decision. Its an engrossing account of the assault on educators during the McCarthy era that should be required reading for anyone who values our increasingly endangered First Amendment rights. -- Ellen Schrecker,Professor of History, Yeshiva UniversityFact-filled, balanced, and yet thought-provoking I recommend this book to students, scholars, and citizens who care about academic freedom and about the fate of public discourse in America. I also recommend Priests of Our Democracy to those who worry that the war against terror has become in part a war against civil rights and civil liberties at home. -- Jonah Raskin * Truthout *Heins has done a more than admirable job of explaining the history of academic freedom in the United States, especially in New York state and New York City, in the twentieth century. -- Clay Calvert * Journalism & Mass Communication Quarterly *Heins juxtaposes her compelling and distressing account of the anticommunist purges that reached into the ivory towers of our colleges and universities with a chilling cautionary tale that asks whether history is repeating itself through the repressive reactions to 9/11. -- Stephen Rohde * Los Angeles Review of Books *In this insightful and illuminating history of academic freedom and the Constitution, Marjorie Heins brings to life the characters, controversies, and cases that have framed the evolution of this critical and contentious realm of American liberty. -- Geoffrey R. Stone,Edward H. Levi Distinguished Service Professor of Law, University of ChicagoIn this well-written study, civil liberties lawyer Heins pens an excellent historical account of the Cold War suppression of academic freedom in the US (at all educational levels) during the heyday of McCarthyism. -- W.T. Howard, Bloomsburg University * CHOICE *Marjorie Heins has given a human face to leading American controversies and cases about academic freedom, creatively integrating personal interviews and archival sources into her account of the developing law. -- David Rabban,University Distinguished Teaching Professor, University of Texas School of LawMarjorie Heins, a civil liberties lawyer, casts a gimlet eye on New York schools in the early 1950s, when teachers were fired merely for refusing to say whether they were communists . . . . Of course, some teachers were actually communists (and not all priests are perfect). But Ms. Heins's point, which she places in historical and contemporary context, is that 'the American political system is all too vulnerable to political repression and to demonizing the dissenter.' She makes a powerful case. -- Sam Roberts * The New York Times *The author, Marjorie Heins, is a civil-liberties lawyer who provides a meticulous examination of the course of the First Amendment through the courts and the legislation's recognition of academic freedom during the McCarthy era. She also offers a chilling chapter on the consequences for university life since September 11, 2001, and concludes with an argument for the defense of academic freedom. -- M.J. Heale * Journal of American History *Well written, thorough, and full of personal details about the subjects, this is a telling account of teachers' struggle for academic freedom in America. -- Harry Charles, St. Louis * Library Journal *With clarity and insight Marjorie Heins brings to life a part of American history often overlooked despite its importance to our democracy today. The tension between individual freedom and national security is as taut as it ever has been. We have much to learn from our earlier mistakes in yielding too readily to claims of the latter. This compelling book, which brilliantly illuminates earlier Supreme Court decisions, and the people and events behind them, is a wonderful place to begin. -- Margaret H. Marshall,former Chief Justice, Massachusetts Supreme Judicial CourtA fascinating read. Heins creatively blends social and legal history to show how the right to academic freedom was forged out of the struggles and passions of Americas worst days of political repression, and why academic freedom is more important than ever today. -- Nadine Strossen,former president, American Civil Liberties Union; professor, New York Law SchoolIt is a rare book that meets [Anthony] Lewis standard, combining sophisticated legal analysis with compelling historical narrative. Rarer still is one that successfully takes on an era, as opposed to a single case, in ways that are both informative and engaging. Marjorie Heins manages to pull off this rare feat in Priests of Our Democracy. . . . [A]n outstanding book, an engaging and insightful addition to First Amendment scholarship as well as constitutional history. -- Daniel Smith * Law and Politics Book Review *A New York City girl, born and bred, Marjorie Heins provides infectious insight into the major battles waged between New York City teachers and the city government. * American Booksellers Foundation for Free Expression *[E]xtensively researched and well-writtenThere are touching accounts of what teachers risked and what many lostThe twists and turns of Supreme Court judgements are not mystified, but explained in terms of its changing political composition and context. This ambitious book then examines some parallels and contrasts with recent sweeping & anti-terrorist legislation. * Socialist Review *Heins is a cautious analyst... she concludes her valuable study detailing how, over the last half-century, academic freedom continues to be challenged by local officials... Priests of Our Democracy... serve[s] as a reminder that Americans can't take First Amendment rights for granted. * The Brooklyn Rail *Table of ContentsIntroduction Part I: Prelude to the Deluge 1 "Sifting and Winnowing" 2 Radicalism and Reaction in the 1930s 3 Rapp-Coudert Part II: Teachers and Free Speech 4 The Board of Education and the Feinberg Law 5 Insubordination and "Conduct Unbecoming" 6 The Vinson Court Part III: The Purge Comes to Higher Education 7 The McCarran Committee and the City Colleges 8 "The Laughing-Stock of Europe" 9 The Moral Dilemma: Naming Names Part IV: The Supreme Court and Academic Freedom 10 Red Monday and Beyond 11 The Road to Keyishian 12 "A Pall of Orthodoxy over the Classroom"Part V: Politics, Repression, and the Future of Academic Freedom 13 "A Generation Stopped in Its Tracks" 14 Academic Freedom after Keyishian 15 September 11 and Beyond Conclusion Acknowledgments Notes Bibliography Index About the Author
£24.99
University of Toronto Press Homophobia in the Hallways
Book SynopsisSection 15 of the Canadian Charter of Rights and Freedoms ensures equality regarding sexual orientation and gender identity in Canada. Despite this, gay, lesbian, and gender-nonconforming teachers in publicly-funded Catholic schools in Ontario and Alberta are being fired for living lives that Church leaders claim run contrary to Catholic doctrine about non-heterosexuality. Meanwhile, requests from students to establish Gay/Straight Alliances are often denied. In Homophobia in the Hallways, Tonya D. Callaghan interrogates institutionalized homophobia and transphobia in the publicly-funded Catholic school systems of Ontario and Alberta. Featuring twenty interviews with students and teachers who have faced overt discrimination in Catholic schools, the book blends theoretical inquiry and real-world case study, making Callaghan’s study a unique insight into religiously-inspired heterosexism and genderism. She uncovers the causes anTable of ContentsHomophobia in the Hallways: Heterosexism and Transphobia in Canadian Catholic Schools Critical Theory For Emancipation Participants: Domination and Resistance Media and the Law: Allies in Resisting Homophobia Catholic Documents: Doctrinal Disciplining Theorizing the Data: The Many Modes of Power Conclusion
£22.49
University of Toronto Press Bentham on Liberty
Book SynopsisBentham on Liberty focuses on the crucial formative years, when the English social philosopher Jeremy Bentham was in his twenties and thirties between 1770 and 1790, and draws on the unpublished manuscripts held at University College, London, to throw a new light on his early intellectual development. Using also both private correspondence and published works, it shows how Bentham's legal training and enthusiasm for Enlightenment ideas steadily broadened his horizon from criminal law to constitutional law to social theory. Bentham's desire to create a science of man and society modelled on the physical sciences led his systematic exposition of the conception of utilitarianism. His broad perspective came to encompass aspects of what are now called psychology, sociology, political science, moral philosophy, and jurisprudence. A central theme of this study is the way in which, in Bentham's mind, liberty became subordinated to security as an end of social action. The argum
£27.90
Stanford University Press The Art of Revolt
Book SynopsisMore than mere whistleblowers, Edward Snowden, Julian Assange, and Chelsea Manning are exemplary figures who are inventing new political practices and calling old conceptions of the state and citizenship into question.Trade Review"This short, lucid book makes the case that the new security state's use of pervasive techniques of surveillance and data mining has engendered new forms of digital resistance. A manifesto of sorts, The Art of Revolt makes an argument friendly to specialists and non-specialists alike and offers a challenge for everyone concerned with today's new forms of political protest and alliance."—Judith Butler, University of California, Berkeley"Geoffroy de Lagasnerie is arguably one of the most talented of the new wave of French theory. In this incisive and unflinching book, he compellingly exposes the hardened skin of the perverse forms of power that endanger our liberties in this age of mass surveillance."—Achille Mbembe, author of The Critique of Black Reason"The Art of Revolt offers a striking and radical new perspective on truth-tellers in the Internet age: how they leak, wield anonymity, and find asylum in ways that break radically with established practices to effect change. Lagasnerie brings ideas to the table that even I, an insider, had never considered. Whether you agree or disagree with the actions of his protagonists, this book is a must-read for grasping the significance and innovation of their work. Its compelling ideas will inspire all readers to reflect on how they can engage productively in the betterment of our societies."—Sarah Harrison, Director of the Courage Foundation and WikiLeaks Associate"Lagasnerie discusses Edward Snowden, Julian Assange, and Chelsea Manning as developers of a new political art, a "different way of understanding what it means to resist"....This volume is of most interest to scholars of civil liberties and international communication....Recommended."—W.C. Johnson, CHOICE"Whether Julian Assange, Chelsea Manning, and Edward Snowden are traitors or heroes is one of those 'debates' that is yet to be settled... Geoffroy de Lagasnerie's The Art of Revolt is not an account of these whistleblowers' deeds, but rather an interrogation of the categories and assumptions implicit in such questions."—Dzmitry Tsapkou, Cultural Critique
£67.15
Stanford University Press Campaigning for Children: Strategies for
Book SynopsisAdvocates within the growing field of children's rights have designed dynamic campaigns to protect and promote children's rights. This expanding body of international law and jurisprudence, however, lacks a core text that provides an up-to-date look at current children's rights issues, the evolution of children's rights law, and the efficacy of efforts to protect children. Campaigning for Children focuses on contemporary children's rights, identifying the range of abuses that affect children today, including early marriage, female genital mutilation, child labor, child sex tourism, corporal punishment, the impact of armed conflict, and access to education. Jo Becker traces the last 25 years of the children's rights movement, including the evolution of international laws and standards to protect children from abuse and exploitation. From a practitioner's perspective, Becker provides readers with careful case studies of the organizations and campaigns that are making a difference in the lives of children, and the relevant strategies that have been successful—or not. By presenting a variety of approaches to deal with each issue, this book carefully teases out broader lessons for effective social change in the field of children's rights.Trade Review"For decades I have been familiar with Jo Becker's passion, thorough knowledge, and consistent drive for the children whose rights are systematically denied. This book examines initiatives and strategies to show that change for children is possible, and that remarkable transformation is achievable. Campaigning for Children, with its most compelling evidence, will go a long way in ensuring that human rights of children are protected worldwide."—Kailash Satyarthi, Nobel Peace Prize Laureate and Children's Rights Activist"This compelling introduction to children's rights draws on the experience of activists addressing critical problems such as child marriage, child labor, child sex tourism, child soldiers, and access to education. Becker shows the interconnections between these issues both in causation and approaches to remediation. Clear and interesting, Campaigning for Children provides a key guide for moving forward and hope for the future of children across the globe."—Cynthia Grant Bowman, Cornell Law School"Campaigning for Children carefully explores the concrete initiatives that have improved the lives of children, and highlights successful advocacy strategies. State authorities, academics, human rights institutions, civil society organizations, as well as the professionals who work with and for children will benefit from reading it. Becker's book is a vital resource in our collective effort to create a world fit for children."—Benyam Dawit Mezmur, UN Committee on the Rights of the ChildTable of Contents1. From Property to People: The Evolution of Children's Rights 2. Female Genital Mutilation/Cutting 3. Juvenile Justice 4. Child Marriage 5. Child Labor 6. Corporal Punishment 7. Child Sex Tourism 8. Child Soldiers 9. Access to Education 10. Attacks on Education 11. Lessons for the Future
£75.20
Stanford University Press Letters of the Law: Race and the Fantasy of
Book SynopsisOne of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle. Trade Review"The enduring power of critical race theory has been its ability to dissect the law, revealing the multitude of ways in which the legal process has reinforced, and continues to reinforce, discrimination. Han's book is part of this genre, succinctly, cogently, and in a creative fashion, exploring the fantasy of colorblindness rooted in American constitutional law . . . Recommended." -- D. Schultz * CHOICE *"Letters of the Law offers a profoundly engaged and sensitive reading of critical race theory. It illuminates not only the foundational antagonism of American law—between racism and equal rights—but also displaces the widely-accepted notion that racial disproportionality is the 'ur-fact of racial inequality.' Han has re-instantiated critical race theory as fundamental to any understanding of the law." -- Fred Moten * University of California, Riverside *"Han proposes reading practices that enable us to counter law's injunction against imagination so that we can glimpse the camouflaged memories of slavery and freedom struggles that have become the foundational dream world of the law. Herein, she deftly argues, resides our hope to transform law and the manifold social hierarchies it protects and reproduces." -- Angela Davis, University of California * Santa Cruz *"A stunning inquiry into the racial haunt of the law, Letters of the Law is a rare example of that ornery beast we call 'interdisciplinary scholarship.' In this compelling and beautiful work, Han proves that the time of slavery is with us still." -- Colin Dayan * Vanderbilt University, author of The Law is a White Dog: How Legal Rituals Make and Unmake Persons *"In Letters of the Law, Sora Han takes readers on an adventure into the dreamwork of the law in order to deconstruct what she calls the fantasy of color blindness that haunts the landscape of American Constitutional jurisprudence...Han is at her best when she weaves unexpected textual threads around her chosen theoretical architecture. Despite her focus on the fantasy of color blindness, this is a colorful book indeed." -- Joe Rollins * National Political Science Review *Table of ContentsContents and AbstractsIntroduction: Letters of the Law chapter abstractDrawing on concepts from critical race theory, feminist psychoanalysis and deconstruction, the Introduction exposits and explains the importance of developing a protocol of reading the law's language of race anew. "Letters of the Law" is the conceptual term designating this protocol of reading beyond the law's functional effects in or formal divisions from social reality, and toward the law's language of race on its own terms. The fantasy of colorblindness serves as the entry point into the law's language, and is further exposited through case law and critical scholarship on race and law. In the course of this exposition, the Introduction also revises the central theoretical assumptions dominating the study of race and law so that they can better reflect the centrality of fantasy, unconscious desire, and rhetoric and writing to the practice and politics of legal reform and black freedom struggle. 1Decompositional Rights chapter abstractThis chapter revisits and restages U.S. Supreme Court cases on affirmative action and the critique of "reverse discrimination" claims within a broader set of jurisprudential and philosophical questions about black citizenship and civil rights. Through a close reading of how the fantasy of colorblindness is articulated in affirmative action law through a multiracial national citizenship constituted against the historical limit of slavery, this chapter argues that the figure of black citizenship occupies a type of legal standing that promises only a constant cancellation of civil rights. The black claim to civil rights not only fails to achieve the status of an affirmative recognition of a citizen subject, but also, its force as a right decomposes the philosophical interdependence between citizenship and civil rights in the broader arena of Equal Protection anti-discrimination jurisprudence. 2Colorblind Judgment chapter abstractThis chapter examines and explores the formal structure of judicial review in U.S. Supreme Court cases establishing the negative right prohibiting state-enforced racial discrimination codified in the Fourteenth Amendment Equal Protection clause. The fantasy of colorblindness in this doctrinal context is an admission of the limits of the justificatory logic of universal legal reason. Expanding on the abyssal form this limit takes, this chapter argues that colorblind judgment, like classic topographical conceptions of blindness in philosophic knowledge and aesthetic experience, both guards against and contains the excesses of desire, specifically "racial animus", in law. The chapter further explores how the materiality of desire in legal judgment is also where a poetics of the plea takes the form of an enduring echo in constitutional law. 3Racial Profiling chapter abstractThis chapter examines the problem of legal interpretation in constitutional protections of privacy, including the Fourteenth Amendment rights to equal protection and due process, and the Fourth Amendment right requiring probable cause during police searches and seizures of persons and property. It argues that legal interpretations of these privacy rights and the policing such rights delimit both rely on the fantasmatic pursuit of an escaping image, the racial profile, to enforce the universal democratic value of personal sovereignty. The fantasy of colorblindness appears in this doctrinal context as a constitutional gaze that both creates and obscures the racial profile in the imaginative domain of producing legal meaning. 4The Purloined Prisoner chapter abstractThis chapter examines letter writing as a formal, internally produced limit to the erosion of prisoners' First Amendment right to expression. It details how mass incarceration and its administration of various types of civil death, runs up against an epistolary expressivity that is neither extinguished nor sheltered by law, but is the material ground of desire at work in reading the law both to the letter and for its letters. The chapter argues that the fantasy of colorblindness in this context is a territorializing practice of reducing these plural forms of the letter in the law to a mass scene of writing. The chapter concludes with a reading of the agency of a prisoner's letter in Cheryl Dunye's film, Stranger Inside.
£19.79
Stanford University Press Campaigning for Children: Strategies for
Book SynopsisAdvocates within the growing field of children's rights have designed dynamic campaigns to protect and promote children's rights. This expanding body of international law and jurisprudence, however, lacks a core text that provides an up-to-date look at current children's rights issues, the evolution of children's rights law, and the efficacy of efforts to protect children. Campaigning for Children focuses on contemporary children's rights, identifying the range of abuses that affect children today, including early marriage, female genital mutilation, child labor, child sex tourism, corporal punishment, the impact of armed conflict, and access to education. Jo Becker traces the last 25 years of the children's rights movement, including the evolution of international laws and standards to protect children from abuse and exploitation. From a practitioner's perspective, Becker provides readers with careful case studies of the organizations and campaigns that are making a difference in the lives of children, and the relevant strategies that have been successful—or not. By presenting a variety of approaches to deal with each issue, this book carefully teases out broader lessons for effective social change in the field of children's rights.Trade Review"For decades I have been familiar with Jo Becker's passion, thorough knowledge, and consistent drive for the children whose rights are systematically denied. This book examines initiatives and strategies to show that change for children is possible, and that remarkable transformation is achievable. Campaigning for Children, with its most compelling evidence, will go a long way in ensuring that human rights of children are protected worldwide."—Kailash Satyarthi, Nobel Peace Prize Laureate and Children's Rights Activist"This compelling introduction to children's rights draws on the experience of activists addressing critical problems such as child marriage, child labor, child sex tourism, child soldiers, and access to education. Becker shows the interconnections between these issues both in causation and approaches to remediation. Clear and interesting, Campaigning for Children provides a key guide for moving forward and hope for the future of children across the globe."—Cynthia Grant Bowman, Cornell Law School"Campaigning for Children carefully explores the concrete initiatives that have improved the lives of children, and highlights successful advocacy strategies. State authorities, academics, human rights institutions, civil society organizations, as well as the professionals who work with and for children will benefit from reading it. Becker's book is a vital resource in our collective effort to create a world fit for children."—Benyam Dawit Mezmur, UN Committee on the Rights of the ChildTable of Contents1. From Property to People: The Evolution of Children's Rights 2. Female Genital Mutilation/Cutting 3. Juvenile Justice 4. Child Marriage 5. Child Labor 6. Corporal Punishment 7. Child Sex Tourism 8. Child Soldiers 9. Access to Education 10. Attacks on Education 11. Lessons for the Future
£19.79
Stanford University Press The Cult of the Constitution
Book SynopsisIn this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. Trade Review"Uncompromisingly critical, Franks challenges both liberal and conservative views of the Bill of Rights in the name of equality. Rights that don't work for the least powerful will ultimately work to preserve the privileges of the most powerful; agree or disagree with Franks's conclusions, her arguments require attention."—Rebecca Tushnet, Harvard Law School"The Cult of the Constitution shows how gun violence, racism, and misogyny are linked by a 'fundamentalist' interpretation of First and Second Amendment rights. Like all fundamentalism, this one tends to reinforce the interests of the powerful and to perpetuate inequality. It doesn't have to be this way. At this moment of #MeToo, #BlackLivesMatter, and #NeverAgain, Mary Anne Franks' book is a necessary reassessment of constitutional orthodoxy. A powerful must-read."—Tamara Piety, author of Brandishing the First Amendment: Commercial Speech in America"In this timely book, Mary Anne Franks takes on some of our most divisive constitutional issues. She analyzes gun restrictions, free speech, and regulation of the internet with a firm command of the legal implications and human stakes of judicial decision making. An important and insightful book."—Deborah L. Rhode, Stanford Law School"Mary Anne Franks has written a powerful challenge to the prevailing constitutional orthodoxy of the right and the left. Her trenchant critique of progressives' naive devotion to America's flawed founding charter is provocative and persuasive. A deeply troubling and absolutely vital book."—Mark Joseph Stern, Slate"This is a worthy addition to the literature of critical legal studies—and a timely text as battles over the Constitution and its interpretation continue to rage."—Kirkus Reviews"The Cult of the Constitution is an extremely important book. Franks challenges scholars and supporters of 20th century liberal constitutionalism to acknowledge its shortcomings in dealing with the technological and social-media-driven realities of the 21st-century....[She] has forced open a new and vital debate about rights, liberties and constitutional government."—Mark Rush, Law and Politics Book Review"Lost amid the clamor of academic and judicial battles over how to interpret the Constitution is its effect on the most vulnerable....Mary Anne Franks finds that effect by exploring the constitutional fundamentalism underlying much of constitutional law."—Harvard Law ReviewTable of ContentsIntroduction: Who We Are 1. The Cult of the Constitution 2. The Cult of the Gun 3. The Cult of Free Speech 4. The Cult of the Internet Conclusion: Until We All Are Free
£49.30
Stanford University Press Ballot Blocked: The Political Erosion of the
Book SynopsisVoting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse? Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.Trade Review"In parsing the partisan and institutional dimensions behind the retrenchment of the Voting Rights Act, Ballot Blocked makes valuable contributions. Scholars of racial politics, voting rights, political parties, interbranch relations, and American political development will undoubtedly have to contend with Rhodes' argument and evidence." -- Anthony S. Chen * Northwestern University *"The right to vote is the bedrock principle of a democratic polity—but despite, or perhaps because of that, voting rights are an endless source of contention, reform, and retrenchment. Rhodes' Ballot Blocked offers the most systematic, empirically rich, theoretically sophisticated analysis of the successes and failures of American voting rights policy to date. This book lives up to the importance of its topic." -- Jennifer Hochschild * Harvard University *"In this bold, richly detailed investigation of America's foundational citizenship right, Jesse Rhodes provides timely and crucial new insights into the Voting Rights Act's evolution and undoing. Ballot Blocked uncovers the GOP's uneasy relationship with national voting protections, and the subterranean efforts resulting in the VRA's slow death. This book is a must-read for those who care about the past, present, and future of our nation's most treasured right." -- Vesla Weaver * Yale University *"This engaging account of the process of the dismantling of this historic piece of legislation is carefully supported, tightly analyzed, and beautifully written. In addition to solving a perplexing (and important) puzzle regarding the state of voting rights in the US, it also provides a fascinating perspective on the real workings of separation of powers....Highly Recommended." -- T. Marchant-Shapiro * CHOICE *"Rhodes's delineation of the Voting Rights Act's erosion and its relationship to divergent patterns in conservative politics represents a significant contribution to the literature....Ballot Blocked ultimately questions how governing bodies achieve contentious objectives without undermining broad-based political support....Rhodes finds a way to make sense of the difference between what politicians say and what politicians do." -- Julian Maxwell Hayter * American Historical Review *Table of ContentsContents and AbstractsIntroduction: Explaining the Puzzling Evolution of the Voting Rights Act chapter abstractThis chapter lays out the main arguments of the book. It contends that the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policy making derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputation of support for racial equality and minority voting rights. Conservatives reconciled these conflicting imperatives by adopting a strategy in which they would acquiesce to expansive voting rights protections in Congress, where decisions were highly visible, easily traceable, and open to contestation by civil rights activists, but at the same time work to narrow the scope of federal enforcement via administrative maneuvers and judicial appointments, where choices were less visible, harder to trace, and less open to political challenge. 1Liberal Ascendance and Enactment of the Voting Rights Act of 1965 chapter abstractThis chapter provides a history and explanation of the enactment of the Voting Rights Act of 1965, focusing on three factors that provide key explanatory leverage: rising frustration with the poor performance of existing voting rights protections, emergence of a powerful civil rights movement capable of dramatizing voting rights abuses and pressuring members of Congress and the president, and ascendance of a dominant liberal coalition capable of driving effective voting rights legislation through Congress. Early implementation and judicial interpretation of the statute are also discussed, with a focus on how these dynamics introduced new tensions in the Act that could not have been anticipated at the time of its enactment. 2Conservative Backlash and Partisan Struggle over Voting Rights, 1968-1980 chapter abstractThis chapter shows that Richard Nixon pioneered the strategy that would become central to Republican activity in relation to voting rights issues. Although Nixon desired to limit the scope of voting rights enforcement for both ideological and constituency reasons, in the end great anxiety about the negative electoral repercussions of weakening the VRA through legislation led him to acquiesce to an expansive reauthorization of the Act. At the same time, though, Nixon used administrative maneuvers and judicial appointments to check the scope of federal enforcement and thereby serve both ideological goals and core constituency demands. Because of his actions, the text, administrative enforcement, and judicial interpretation of the Act began to move in very different directions. 3The Growing Struggle over Voting Rights in the 1980s and 1990s chapter abstractThis chapter explains the growing gulf between the expansive text, increasingly fragmented administration, and increasingly conservative judicial interpretation of the VRA. This development is attributable to efforts by the Reagan administration (and, to a lesser extent, the George H. W. Bush administration) to simultaneously limit the scope of federal voting rights enforcement and maintain the appearance of support for the norm of racial equality. The president and his congressional allies acquiesced to an expansive reauthorization of the Act so as to avoid alienating people of color and moderate whites going into the 1982 elections. Yet, at the same time, conservatives within the Reagan administration deliberately pursued an administrative strategy to limit the scope of federal enforcement. Reagan also selected jurists for positions on the Supreme Court who were expected to pursue his vision of a "limited Constitution" in which the Court closely policed federal efforts to expand minority voting rights. 4Voting Rights Politics in an Era of Conservative Ascendance, 2001-2013 chapter abstractThe George W. Bush administration deliberately politicized voting rights administration, using unscrupulous methods to discipline and muzzle dissident staff, promote ideologically congruous attorneys, and enshrine conservative decisions in law. Additionally, Bush deliberately selected jurists with extremely narrow views of voting rights law for positions on the Supreme Court, ensuring that the Court would move further down the conservative path it had traversed since the Nixon administration. Yet, at the same time, the administration endorsed a sweeping reauthorization of the VRA that expanded legislative guarantees and reauthorized key provisions for a twenty-five-year period. The discrepancies between Republicans' administrative/judicial actions and their legislative behaviors were attributable to the varying visibility, traceability, and accessibility of politics in these different venues. 5Voting Rights Politics in the Age of Obama, 2009-2016 chapter abstractThis chapter highlights the impact of the Shelby County decision on the patterning of voting rights policy making, revealing how the decision altered the political playing field to the advantage of Republican opponents of muscular federal voting rights enforcement. With its ruling in Shelby County, the conservative justices on the Supreme Court swept aside the provision Republicans most vigorously opposed. This new state of affairs relieved Republicans of the politically fraught burden of justifying departures from existing voting rights law and allowed them to exploit their majority status in Congress to obstruct "divisive" legislation proposed by Democrats. For their part, given the infeasibility of reestablishing preclearance in a Congress in which Republicans controlled the House of Representatives—and, after 2014, the Senate as well—Democrats made the strategic choice to highlight Republican intransigence as a campaign issue in order to rally support among African American and Latino constituents. Conclusion: Partisan Interests, Institutional Conflict, and the Future of the Voting Rights Struggle chapter abstractThis chapter reviews the evidence, draws conclusions, and lays out some preliminary thoughts about the likely future of the voting rights struggle. Ultimately, it suggests, the right to vote is vulnerable, and its defense depends on affirmative efforts by civil rights activists, progressives, and their elected allies at all levels of government.
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