Using clear language and unconventional examples, this book argues that abortion is not merely a "medical" or "religious" issue, but one that goes to the very heart of our conception of human rights. It explains that the unborn are living and human beings, that all human beings have a right to life, and that denying the right to life of some weakens the right to life of all. Bohan supports his thesis by pointing to human rights treaties, the Declaration of Independence, and the words of such luminaries as Albert Schweitzer, Frederick Douglass, Pearl S. Buck, Elie Wiesel, and Martin Luther King Jr. He also examines the connection between abortion and the recent push to legalize assisted suicide and euthanasia. Bohan explains why the Greek myth of the House of Atreus is an apt metaphor for our abortion-minded society that shows the distinction between abortion and infanticide is arbitrary. While the Supreme Court holds that the 14th Amendment does not protect the lives of fetuses, at the time the Amendment was drafted, American scholars were comparing the mental capacity of Black people to that of a white fetus. Bohan also explores the the common aspects involved in the destruction of the unborn and the destruction of Jews by the Nazis: the roles of dehumanization, euphemism, the medical community, "science," "idealism," and "humane" killing, among others.

Laham analyzes perhaps the most politically controversial element of Reagan's conservative agenda, involving his attempt to curtail federal enforcement of civil rights laws. The book focuses on the major initiatives Reagan pursued in his attempt to curb enforcement of those laws: first, his efforts to reform affirmative action by prohibiting mandatory employer use of minority and white female hiring goals, and second, his veto of the Civil Rights Restoration Act. Reagan's academic critics argue that the president was politically motivated in his efforts to curtail federal enforcement of civil rights laws by his desire to appeal for the support of working-class whites, many of whom harbor racial resentments against minorities. Reagan's historical reputation suffers from his attempt to curb enforcement of those laws, which has fostered charges by his critics that he was cynical and manipulative, though outwardly pleasant and likable; a president who shamelessley played the race card for his own political gain. Laham challenges the conventional notion that Reagan was an ardent practitioner of the politics of racial division. Rather, he argues that Reagan's civil rights policy was determined by his philosophical commitment to colorblind justice and limited government, two core principles of his conservative agenda. This is a controversial survey important to students and scholars of contemporary American politics, public policy, and race relations.

The height of colonial rule on the African continent saw two prominent religious leaders step to the fore: Desmond Tutu in South Africa, and Abel Muzorewa in Zimbabwe. Both Tutu and Muzorewa believed that Africans could govern their own nations responsibly and effectively if only they were given the opportunity. In expressing their religious views about the need for social justice each man borrowed from national traditions that had shaped policy of earlier church leaders. Tutu and Muzorewa argued that the political development of Africans was essential to the security of the white settlers and that whites should seek the promotion of political development of Africans as a condition of that future security. Desmond Tutu and Abel Muzorewa were both motivated by strong religious principles. They disregarded the possible personal repercussions that they might suffer as a result of their efforts to alter the fundamental bases of their colonial governments. Each man hoped to create a new national climate in which blacks and whites could cooperate to build a new nation. Each played a part in eventual independence for Zimbabwe in 1980 and for South Africa in 1994. Mungazi's examination of their efforts reveals how individuals with strong convictions can make a difference in shaping the future of their nations.

This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.

Answers the questions: what is the background to issues in external and internal politics? What is the Turks' opinion on European and Turkish identity? On Cyprus? On the role of the generals? Why do human rights problems linger on? What is behind the Kurdish question? Is Turkey religiously split? What are the pros and cons of Turkish association with the EU?

This book analyzes three major issues related to refugees: repatriation and its accompanying concerns - peace and security. Since the late 1980s, repatriation has been considered the most appropriate solution for refugees. This applies if the home country is peaceful, but often repatriation takes places in conflict situations, which can lead to national and human insecurity problems. Rwanda is one of the countries where the question of repatriation has become highly controversial since the 1990s. The United Nations maintains that Rwanda has changed significantly since the 1994 genocide, and today enjoys an essential level of peace and security. This explains why the UN has promoted repatriation and recommended the cessation of Rwandan refugee status, yet the vast majority of refugees have refused to return to the country. Providing insights from researchers, former UN staff members, journalists, and, most importantly, former Rwandan refugees themselves into both the theory and practice of refugees' repatriation as well as the security and peace issues, this book appeals to postgraduate students, academics, policymakers, and practitioners working for international organizations and NGOs.

After years of widely acknowledging race discrimination in higher education, American government leaders, college and university officials, and at-large citizens today question the need for civil rights laws and policies. Within an important sector of the public higher education community -- roughly nineteen states that used to operate laws separating students by race -- dispute focuses upon systemwide Title VI enforcement. Two interpretations of Title VI enforcement coexist. Among conservatives, absence of continuing discrimination and continuing good faith effort signal an end to the need for government enforcement. Among more liberal stakeholders, past enforcement has been weakly undertaken despite past and currently increasing evidence of continued discrimination.

Closely reviewing evidence of past and current enforcement, Williams presents a reinterpretation: Considerable evidence of continued discrimination exists, but weak design and limited implementation provides an incomplete picture of past and current enforcement. Weak federal enforcement establishes a context for previously unrecognized unofficial state responses, and unofficial responses display important elements of a generic race relations ritual first chronicled in largely forgotten humanities and sociological literature from the 1960s. An important study for scholars, students, researchers, and policymakers of contemporary American education and race relations.

Journalists have thoroughly documented David Duke's rise to prominence in Louisiana politics, but until now, few intensive analyses of the Duke phenomenon have been undertaken. This new collection identifies the significant junctures of Duke's political career, from its earliest beginnings to his recent campaigns for Governor, the Senate, and the Presidency. Through a variety of methods and approaches, the contributors to this work advance our understanding of what made this former Klansman a significant political force, and of how and why he very nearly succeeded in his attempts to gain higher office. The authors contend that the racial overtones of the 1950s and 1960s, both explicit and implicit, have returned in the 1990s in a more subtle, polished, and somehow socially acceptable way. They argue convincingly that changes in electoral politics throughout the South provide the structural basis for this "rebirth" of racially charged political campaigns. Even as messenger supplanted message in the rise of David Duke, however, one simple observation remained true: The politics of the South - and Louisiana in particular - remain rooted at least partly in, as V.O. Key phrased it, "the Negro question". The first work to study Duke and the politics of race entirely from a rigorous political science perspective, this collection makes a considerable contribution to our understanding of Duke's popularity, his constituencies, and the reasons for both his successes and his failures.

This study offers students of religion and philosophy introductory chapters concerning the concept of natural religion. It holds that we can't engage in useful discussion about the present concept of religion without a knowledge of the philosophical history that has shaped that concept. This is discussed with reference to the notion of natural religion to illustrate certain aspects of deism and its legacy. Originally published in 1989.

Focusing on children's citizenship, participation and rights, this edited collection draws on the work of a number of leading scholars in the sociology of childhood. The contributors explore a range of themes including: tensions between pragmatism and grand theory; revisiting agency/structure debates in the light of children; the challenging of binary thought prevalent in studies around 'generations' and other aspects of sociology; the manifestation of power in time and space; the application of theories into the 'real' world through NGOs, practitioners, policy makers, politicians and empirical research. The collection will be of interest to students and scholars across a range of disciplines including childhood studies, sociology, politics and social policy, as well as policy makers and practitioners interested in the citizenship, rights and participation of children.

This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

"Andrews does a superb job in offering solutions to familiar problems for African Americans. Complete with charts, graphs, facts and figures, the author provides readers with a vivid display of how the scales of equality, wealth and power are tipped against people of color."
--Upscale

"Andrews' aim is to paint an intellectually defensible and decidedly anti-conservative picture of the complicated tie between race and economic wellbeing."
--Booklist

"Fiery, passionate, and provocative, but also unflinchingly rigorous in its argument. It is rare for an economist to write with such fire bolstered by such a commitment to logical reasoning."
--William A. Darity, Jr

"Marcellus Andrews has written a fascinating and theoretically grounded account of the relationship between America's market economy and the prospects faced by African Americans."--"The Journal of Economic Issues"

Popular liberal writing on race has relied on appeals to the value of "diversity" and the fading memory of the Civil Rights movement to counter the aggressive conservative assault on liberal racial reform generally, and on black well-being, in particular. Yet appeals to fairness and justice, no matter how heartfelt, are bound to fail, Marcellus Andrews argues, since the economic foundations of the Civil Rights movement have been destroyed by the combined forces of globalization, technology, and tight government budgets.

The Political Economy of Hope and Fear fills an important intellectual gap in writing on race by developing a hard-nosed economic analysis of the links between competitive capitalism, racial hostility, and persistent racial inequality in post-Civil Rights America. Andrewsspeaks to the anger and frustration that blacks feel in the face of the nation's abandonment of racial equality as a worthy objective by showing how the considerable difficulties that black Americans face are related to fundamental changes in the economic fortunes of the U.S.

The Political Economy of Hope and Fear is an economist's plea for unsentimental thinking on matters of race to replace the mixture of liberal hand wringing and conservative mythmaking that currently passes for serious analysis about the nation's racial predicament.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

This collection of speeches by Amelia Jenks Bloomer, a 19th-century feminist reformer, explores women's issues and lives during the period from 1850 to 1880. Bloomer lived in Seneca Falls, New York, and was the founder of a woman's newspaper, the Lily. She supported dress reform and was internationally famous for her introduction of bloomers. She was a staunch supporter of women's rights and worked closely with Susan B. Anthony and Elizabeth Cady Stanton, whom she introduced to one another. Bloomer was an extremely popular public speaker who traveled throughout New York State and the mid-West lecturing on temperance and greater opportunities for women in employment and education. This volume is the only collection of her speeches, and Coon's introduction creates a narrative of Bloomer's life as the story of a shy, modest woman whose commitment to reform and the endorsement of a new style of women's dress catapulted her into public life.

Many transnational campaigns, and particularly the transnational campaign on violence against women, promote international norms that target the behavior of local non-state actors, while many of these local actors are subscribing to conflicting local norms. What happens when the international and local norms collide? When does transnational activism lead individuals and communities to abandon local norms and embrace international ones? In When Norms Collide, Karisa Cloward presents a theoretical framework for understanding the range of local-level responses to international norm promotion, and applies this framework to the issues of female genital mutilation (FGM) and early marriage. Cloward argues that, conditional on exposure to an international normative message, individuals can decide to change their attitudes, their actual behavior, and the public image they present to international and local audiences. She finds that the impact of transnational activism on individual decision-making substantially depends on the salience of the international and local norms to their respective proponents, as well as on community-level factors such as the density of NGO activity and the availability of an exit option from the local norm. She further finds that there are both social and temporal dimensions to the diffusion of international norms across individuals and through communities. Cloward evaluates the theory by examining changes in the patterns of FGM and early marriage among the Maasai and Samburu in Kenya, using a mixed-method empirical strategy that includes qualitative interviews and an original representative survey with a randomized experimental component.

This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU's external trade relations, building on and stimulating further - the already well-engaged - scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

In September 1993 a unique dialogue took place. Humanists from around the country gathered in Salt Lake City, Utah, to exchange ideas with Mormons on the topics of feminism, freedom of conscience, academic freedom in Mormon universities, and clashes between "dissident intellectuals" and Mormon church authorities. Of particular concern in the discussion was the recent excommunication of members of the Mormon church and the departure of two professors from Brigham Young University for allegedly expressing ideas at variance with church teachings. Ironically, despite such conflicts, Mormons officially and individually endorse freedom of conscience; the dignity of the human right to exercise free agency is a principle rooted in the Mormon as well as the humanist tradition. On this basis for mutual understanding, the dialogue between the two diverse cultures of Mormonism and humanism proceeded. George D. Smith has collected twelve essays, all but one of which were presented at the Utah conference, for this thought-provoking volume. Among the subjects covered are ecclesiastical abuse and the excommunicated "September Six", academic freedom at Brigham Young University, the politics of exclusivity, and free inquiry in a religious context. Paul Kurtz, editor of Free Inquiry, introduces the discussion with an overview of "Humanism and the Idea of Freedom". The volume concludes with a 1939 essay by noted American journalist Walter Lippmann entitled "The Indispensable Opposition".

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

"Tsesis lays out theoretical foundations that he argues should be intrinsic to a representative democracy . . . an important contribution to the literature about civil liberties and human rights."
--"Choice"

"The genuine accomplishment of Tsesis's book...is to focus the hate speech debate on explicitly normative issues."
--"Michigan Law Review"

"[A] comprehensive and brilliant book from both a historical and analytical perspective. Drawing from the lessons of history, Alexander Tsesis shows persuasively the relevance of the Thirteenth Amendment to a wide range of the social and economic issues currently facing America, and he offers highly creative arguments that support the use of congressional power under the Thirteenth Amendment as a potent and effective means of meeting and resolving these issues."
--G. Sidney Buchanan, Baker & Botts Chaired Professor of Law, University of Houston Law Center

"Tsesis vigorously presents a set of arguments that are rarely found in the conventional legal literature. . . . An interesting and challenging book."
--Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law and Professor of Government, University of Texas at Austin School of Law

In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens.

The story of howSupreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides valuable insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.