Longlisted for the PEN/John Kenneth Galbraith Award for Nonfiction

Longlisted for the National Book Award in Nonfiction

10 Best Books of the Year--Washington Post

Best Books of the Year--Boston Globe

BookRiot's Best Books of the Year

New York Public Library's Best Books of the Year for Nonfiction

NPR's “Best Books of the Year"

Bustle's "25 Best Nonfiction Books of the Year"

From the award-winning, New York Times bestselling author of White Rage, the startling--and timely--history of voter suppression in America, with a foreword by Senator Dick Durbin.

In her New York Times bestseller White Rage, Carol Anderson laid bare an insidious history of policies that have systematically impeded black progress in America, from 1865 to our combustible present. With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.

Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans.

Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement's canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century's challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad-how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of "open data" and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.

In every decade since passage of the Hart Cellar Act of 1965, Congress has faced conflicting pressures: to restrict legal immigration and to provide employers with unregulated access to migrant labor. Lobbying for Inclusion shows that in these debates immigrant rights groups advocated a surprisingly moderate course of action: expansionism was tempered by a politics of inclusion. Rights advocates supported generous family unification policies, for example, but they opposed proposals that would admit large numbers of guest workers without providing a clear path to citizenship. As leaders of pro-immigrant coalitions, Latino and Asian American rights advocates were highly effective in influencing immigration lawmakers even before their constituencies gained political clout in the voting booth. Success depended on casting rights demands in universalistic terms, while leveraging their standing as representatives of growing minority populations.

The Freedom of Information Act, developed at the height of the Cold War, highlighted the power struggles between Congress and the president in that tumultuous era. By drawing on previously unseen primary source material and exhaustive archival research, this book reveals the largely untold and fascinating narrative of the development of the FOIA, and demonstrates how this single policy issue transformed presidential behaviour. The author explores the policy's lasting influence on the politics surrounding contemporary debates on government secrecy, public records and the public's 'right to know', and examines the modern development and use of 'executive privilege'.

When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty--the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.

Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade, a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course, the `constitutional moments' from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

People have been denied citizenship in America for many reasons. Would it surprise you to learn that four of those people were denied because they were conscientious objectors to war? The government believed that because they were not willing to bear arms in defense of the country, they were not attached to the principles of the Constitution, as required by naturalization law. Ironically, none of these people were eligible for military service because of their age, and two of them were women. Furthermore, when both women were denied citizenship it was during a period when women could not serve in the military. Following overviews of the history of immigration and pacifism in America, chapters are devoted to the four different forms of conscientious objection: philosophical absolute pacifism, religiously informed absolute pacifism, selective conscientious objection, and conscientious cooperator. Each chapter discusses the individual, the arguments for their claim to citizenship, the government's arguments against them, and an analysis of the Supreme Court Opinion in their case. In short, each chapter gives a comprehensive treatment of the personalities and the issues involved. A fascinating and informative read for theology and law students, scholars and for those intrigued in immigration and/or pacifism.

In 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.

This highly acclaimed textbook provides law students with a thorough introduction to the Human Rights Act 1998, its background, how it came to be passed and the mass of case law that has followed it. The authors discuss the particular rights the Act embodies, including the law's response to terrorism. Combining broad topic coverage with an engaging writing style, Hoffman and Rowe provide an outstanding platform for students wishing to gain an in-depth and critical understanding of this contemporary, contentious and constantly evolving area of law.

Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination- a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.

The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through data protection instruments of unfair inequalities as a result of machine learning, privacy and human-robot interaction in robotized healthcare, privacy-by-design, personal data protection of deceased data subjects, large-scale face databases and the GDPR, the new Europol regulation, rethinking trust in the Internet of Things, fines under the GDPR, data analytics and the GDPR, and the essence of the right to the protection of personal data. This interdisciplinary book was written while the reality of the General Data Protection Regulation 2016/679 was becoming clear. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Immigration has been a controversial and contentious area of public policy since the Commonwealth Immigration Act ended most primary immigration in 1962. This study looks in detail at the work of practioners in the court-system that hears appeals from immigrants and asylum seekers against decisions made by the British Government. The book contains chapters about decision making in primary purpose and the asylum appeals, the administrative problems faced by successive British governments, and the perspectives of pressure groups and politicians. The British Immigration Courts transforms our understanding of immigration as a political issue through preserving a sense of routine work in the courts, civil service and political process which is ignored or idealised by other approaches. It is essential reading for practioners, academics and students interested in current debates about policy.

WINNER, NEW JERSEY STUDIES ACADEMIC ALLIANCE BOOK AWARD James Collins Johnson made his name by escaping slavery in Maryland and fleeing to Princeton, New Jersey, where he built a life in a bustling community of African Americans working at what is now Princeton University. After only four years, he was recognized by a student from Maryland, arrested, and subjected to a trial for extradition under the 1793 Fugitive Slave Act. On the eve of his rendition, after attempts to free Johnson by force had failed, a local aristocratic white woman purchased Johnson's freedom, allowing him to avoid re-enslavement. The Princeton Fugitive Slave reconstructs James Collins Johnson's life, from birth and enslaved life in Maryland to his daring escape, sensational trial for re-enslavement, and last-minute change of fortune, and through to the end of his life in Princeton, where he remained a figure of local fascination. Stories of Johnson's life in Princeton often describe him as a contented, jovial soul, beloved on campus and memorialized on his gravestone as "The Students Friend." But these familiar accounts come from student writings and sentimental recollections in alumni reports-stories from elite, predominantly white, often southern sources whose relationships with Johnson were hopelessly distorted by differences in race and social standing. In interrogating these stories against archival records, newspaper accounts, courtroom narratives, photographs, and family histories, author Lolita Buckner Inniss builds a picture of Johnson on his own terms, piecing together the sparse evidence and disaggregating him from the other black vendors with whom he was sometimes confused. By telling Johnson's story and examining the relationship between antebellum Princeton's black residents and the economic engine that supported their community, the book questions the distinction between employment and servitude that shrinks and threatens to disappear when an individual's freedom is circumscribed by immobility, lack of opportunity, and contingency on local interpretations of a hotly contested body of law.

Voting 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.

This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

In The Making of Reverse Discrimination Ellen Messer-Davidow offers a fresh and incisive analysis of the legal-judicial discourse of DeFunis v. Odegaard (1974) and Regents of the University of California v. Bakke (1978), the first two cases challenging race-conscious admissions to professional schools to reach the US Supreme Court. While the voluminous literature on DeFunis and Bakke has focused on the Supreme Court's far from definitive answers to important constitutional questions, Messer-Davidow closely examines each case from beginning to end. She investigates the social surrounds where the cases incubated, their tours through the courts, and their aftereffects. Her analysis shows how lawyers and judges used the mechanisms of language and law to narrow the conflict to a single white male applicant and a single white-dominated university program to dismiss the historical, sociological, statistical, and experiential facts of "systemic racism" and thereby to assemble "reverse discrimination" as a new object of legal analysis. In exposing the discursive mechanisms that marginalized the interests of applicants and communities of color, Messer-Davidow demonstrates that the construction of facts, the reasoning by precedent, and the invocation of constitutional principles deserve more scrutiny than they have received in the scholarly literature. Although facts, precedents, and principles are said to bring stability and equity to the law, Messer-Davidow argues that the white-centered narratives of DeFunis and Bakke not only bleached the color from equal protection but also served as the template for the dozens of anti-affirmative action projects-lawsuits, voter referenda, executive orders-that conservative movement organizations mounted in the following years.

How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law's protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women's clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

Through provocative case studies, "Ethical Dilemmas in Social Service" introduces social work professionals to a wide range of complex and controversial concerns in ethical theory and practice.

Reamer illuminates the ethical concerns involved in working with individuals and families and the design and implementation of social welfare programs and policies.

This new edition includes a guide to ethical decisions and a discussion of recent legal precedents regarding confidentiality. Also new are an investigation of the use of peer ethics committees and an examination of the particular ethical concerns of social workers in private practice.