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Charles Abrahams is a world-class lawyer who sued multinationals for colluding with the apartheid government, but at twelve he was determined to become a world-famous heartsurgeon. Then a school inspector shattered his dream: coloured children from the Cape Flats 'should not aim too high'. Class Action is the story of how Charles aimed high anyway, despite a childhood that included forced removal, dire poverty and the deep sense of shame of being neither white nor a 'white coloured'. As one of eleven children in a poor family, he experienced constant hardship and family strife.
Violence was ubiquitous: his street was notorious for its gang fights, his father abused his mother at home, and schoolteachers beat darker-skinned children like him. Charles wanted a larger life, and he found it through student politics, anti-apartheid activism and reading. He studied relentlessly, finding not only formidable political weapons, but a means to delve into the damage apartheid had done to his personal identity, selfesteem, sexuality and morality. He went on to qualify as a lawyer and, after defending local gangsters, he sought to do good through human-rights and class-action law. He has since spearheaded some of South Africa’s most historic, groundbreaking lawsuits, pursuing justice for ordinary citizens whose lives were ruined by powers too profit-driven to ever think about them.
Class Action depicts a remarkable journey of resistance and healing in reaction to institutionalised greed and racism and the harm it has done to our identities, our relationships and the people of our country.
The Constitution informs every aspect of our legal system and every instance of interpretation and application of that system. The Bill of Rights Handbook's detailed coverage of all aspects of Bill of Rights jurisprudence and practice has made it the standard reference work for this important area of law, and it has been extensively relied upon and quoted by the judiciary. The sixth edition of the Handbook is a comprehensive account of over two decades of jurisprudence interpreting and applying the Bill of Rights. The work has been thoroughly revised, in particular to cover developments in the areas of constitutional jurisdiction, remedies and socio-economic rights.
The 2020 edition of the bestselling Handbook series includes the complete testable materials from Life in the United Kingdom: A guide for new residents, the official Home Office materials. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. The new edition includes: A new foreword from Professor Thom Brooks, a leading expert on British citizenship. Up-to-date advice on specific question formats and clear advice on how to avoid common mistakes. Focus points to help target your studies. Clear and easy to understand diagrams illustrating complex topics. Key advice from successful students and FAQs. The 2020 edition includes advice on what to study and unique study aids. Our appendices help students develop the comprehensive understanding they will need to pass the test. This book offers detailed advice on the types of question you will be asked in the official test. Purchasers also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. This book provides students with everything required to help them pass their test with confidence. The latest official materials Expert and independent study advice A FREE subscription to www.lifeintheuk.net
The 2020 edition of the best-selling series includes the complete testable materials from Life in the United Kingdom: A guide for new residents, the official Home Office materials. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. The new edition includes: A new foreword from Professor Thom Brooks, a leading expert on British citizenship. Updated advice on specific question formats and clear advice on how to avoid common mistakes. Focus points to help target your studies. Completely revised and expanded practice tests, based on customer feedback and the direct experience of our editors. This means we offer accurate and up-to-date advice on what the test is really like. Clear and easy to understand diagrams illustrating complex topics. Key advice from successful students and FAQs. The 2020 edition includes advice on what to study, the kinds of questions to expect and unique study aids. Our appendices help students develop the comprehensive understanding they will need to pass the test. This book offers detailed advice on the types of question you will be asked in the official test. Purchasers also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. This book provides students with everything required to help them pass their test with confidence. The latest official materials Expert and independent study advice Practice questions, including a FREE subscription to www.lifeintheuk.net
International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges. It has been significantly updated for the new third edition, introducing sections on subjects including business and human rights, amongst other key areas. Features include forty new cases from various jurisdictions or expert bodies, and figures offering visual descriptions of the procedures discussed in the text. The 'questions for discussion' have also been systematically updated. The text retains its student-friendly design, and the features which made the previous editions so engaging and accessible remain. This popular textbook continues to be an essential tool for all students of human rights law.
Featuring more than 475 questions based on Life in the United Kingdom: A guide for new residents, the official Home Office materials, Life in the UK Test: Practice Questions 2020 is the ideal study companion for anyone taking the Life in the UK test. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. This 2020 edition features practice tests completely revised from 2019 based on direct experience and extensive customer feedback. This means every question has been checked against official samples and formats for accuracy, and the book features formats and questions seen in the official test. This book gives students access to practice questions which are just like the real test. Students also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. 1. 20 complete practice tests, fully revised based on direct experience and customer feedback 2. Updated advice on what to study and what the questions will be like 3. A free subscription to www.lifeintheuk.net Complete study materials are available in the companion titles Life in the UK Test: Study Guide 2020 and Life in the UK Test: Handbook 2020.
Since 9/11, we have lived in an age of counterterrorism in which the spectre of terrorism justifies increasingly repressive and violent measures. Against this backdrop, legal scholars and human rights advocates have encouraged integration of human rights into the discourse of counterterrorism as the best way to counter such repression and violence. This book challenges that received wisdom by showing the ambiguous effects of such converged discourse on developing countries. It highlights the effect of terrorism discourse on human rights in two developing countries, viz., the Philippines and Indonesia, the efforts of local advocates in resisting abuses in the name of counterterrorism, and the persistence of violations despite legal and policy reforms in those countries. Applying a novel analytic framework drawn from critical terrorism studies and critical international law, the book provokes new thinking on the future of human rights advocacy in the age of counterterrorism.
There are few figures and leaders of recent American history of greater social and political consequence than Jesse Jackson, and few more relevant for America's current political climate. In the 1960s, Jackson served as a close aide to Dr. Martin Luther King, meeting him on the notorious march to legitimate the American democratic system in Selma. He was there on the day of King's assassination, and continued his political legacy, inspiring a generation of black and Latino politicians and activists, founding the Rainbow/PUSH Coalition, and helping to make the Democratic Party more multicultural and progressive with his historic runs for the presidency in the 1980s. In I Am Somebody, David Masciotra argues that Jackson's legacy must be rehabilitated in the history of American politics. Masciotra has had personal access to Jackson for several years, conducting over 100 interviews with the man himself, as well as interviews with a wide variety of elected officials and activists who Jackson has inspired and influenced. It also takes readers inside Jackson's negotiations for the release of hostages and political prisoners in Cuba, Iraq, and several other countries. As Democratic politics sees a return to radicalism and the rise of a new generation of committed advocates of racial and economic justice, I Am Somebody: Why Jesse Jackson Matters is a critical book for understanding where America in the 21st Century has come from and where it is going. Featuring a foreword by Michael Eric Dyson.
Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.
For the past 180 years, the inherent power of indigenous tribes to govern themselves has been a central tenet of federal Indian law. Despite the U.S. Supreme Court's repeated confirmation of Native sovereignty since the early 1830s, it has, in the past half-century, incrementally curtailed the power of tribes to govern non-Indians on Indian reservations. The result, Dewi Ioan Ball argues, has been a ""silent revolution,"" mounted by particular justices so gradually and quietly that the significance of the Court's rulings has largely evaded public scrutiny. Ball begins his examination of the erosion of tribal sovereignty by reviewing the so-called Marshall trilogy, the three cases that established two fundamental principles: tribal sovereignty and the power of Congress to protect Indian tribes from the encroachment of state law. Neither the Supreme Court nor Congress has remained faithful to these principles, Ball shows. Beginning with Williams v. Lee, a 1959 case that highlighted the tenuous position of Native legal authority over reservation lands and their residents, Ball analyzes multiple key cases, demonstrating how the Supreme Court's decisions weakened the criminal, civil, and taxation authority of tribal nations. During an era when many tribes were strengthening their economies and preserving their cultural identities, the high court was undermining sovereignty. In Atkinson Trading Co. v. Shirley (2001) and Nevada v. Hicks (2001), for example, the Court all but obliterated tribal authority over non-Indians on Native land. By drawing on the private papers of Chief Justice Earl Warren and Justices Harry A. Blackmun, William J. Brennan, Thurgood Marshall, William O. Douglas, Lewis F. Powell Jr., and Hugo L. Black, Ball offers crucial insight into federal Indian law from the perspective of the justices themselves. The Erosion of Tribal Power shines much-needed light on crucial changes to federal Indian law between 1959 and 2001 and discusses how tribes have dealt with the political and economic consequences of the Court's decisions.
Loren Miller was one of the nation's most prominent civil rights attorneys from the 1940s through the early 1960s and successfully fought discrimination in housing and education. Alongside Thurgood Marshall, Miller argued two landmark civil rights cases before the U.S. Supreme Court, whose decisions effectively abolished racially restrictive housing covenants. One of these cases, Shelley v. Kraemer (1948), is taught in nearly every American law school today. Later, the two men played key roles in Brown v. Board of Education, which ended legal segregation in public schools. Loren Miller: Civil Rights Attorney and Journalist recovers this remarkable figure from the margins of history and for the first time fully reveals his life for what it was: an extraordinary American story and a critical chapter in the annals of racial justice. Born to a former slave and a white midwesterner in 1903, Loren Miller lived the quintessential American success story, blazing his own path to rise from rural poverty to a position of power and influence. Author Amina Hassan reveals Miller as a fearless critic of those in power and an ardent debater whose acid wit was known to burn ""holes in the toughest skin and eat right through double-talk, hypocrisy, and posturing."" As a freshly minted member of the bar who preferred political activism and writing to the law, Miller set out for Los Angeles from Kansas in 1929. Hassan describes his early career as a fiery radical journalist, as well as his ownership of the California Eagle, one of the longest-running African American newspapers in the West. In his work with the California branch of the ACLU, Miller sought to halt the internment of West Coast Japanese American citizens, helped integrate the U.S. military and the Los Angeles Fire Department, and defended Black Muslims arrested in a deadly street battle with the LAPD. In 1964, Governor Edmund G. Brown appointed Miller as a Municipal Court justice for Los Angeles County, honoring his ceaseless commitment to improving the lives of Americans regardless of their race or ethnicity. ""Either we shall have to make democracy work for every American,"" Miller declared, or ""we shall not be able to preserve it for any American."" The story told here is of an American original who defied societal limitations to reshape the racial and political landscape of twentieth-century America.
The 2020 edition of the best-selling series includes the complete testable materials from Life in the United Kingdom: A guide for new residents, the official Home Office materials. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. The new edition includes: A new foreword from Professor Thom Brooks, a leading expert on British citizenship. Updated advice on specific question formats and clear advice on how to avoid common mistakes. Focus points to help target your studies. Completely revised and expanded practice tests, now with over 300 questions, based on customer feedback and the direct experience of our editors. This means we offer accurate and up-to-date advice on what the test is really like. Clear and easy to understand diagrams illustrating complex topics. Key advice from successful students and FAQs. The 2020 edition includes advice on what to study, the kinds of questions to expect and unique study aids. Our appendices help students develop the comprehensive understanding they will need to pass the test. This book offers detailed advice on the types of question you will be asked in the official test. Purchasers also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. This book provides students with everything required to help them pass their test with confidence. The latest official materials Expert and independent study advice Practice questions, including a FREE subscription to www.lifeintheuk.net CD ROM test software containing hundreds of practice questions.
In 1879, a Canadian Blackfoot known as Spopee, or Turtle, shot and killed a white man. Captured as a fugitive, Spopee narrowly escaped execution, instead landing in an insane asylum in Washington, D.C., where he fell silent. Spopee thus "disappeared" for more than thirty years, until a delegation of American Blackfeet discovered him and, aided by the Commissioner of Indian Affairs, exacted a pardon from President Woodrow Wilson. After re-emerging into society like a modern-day Rip Van Winkle, Spopee spent the final year of his life on the Blackfeet Reservation in Montana, in a world that had changed irrevocably from the one he had known before his confinement.
"Blackfoot Redemption" is the riveting account of Spopee's unusual and haunting story. To reconstruct the events of Spopee's life--at first traceable only through bits and pieces of information--William E. Farr conducted exhaustive archival research, digging deeply into government documents and institutional reports to build a coherent and accurate narrative and, through this reconstruction, win back one Indian's life and identity.
In revealing both certainties and ambiguities in Spopee's story, Farr relates a larger story about racial dynamics and prejudice, while poignantly evoking the turbulent final days of the buffalo-hunting Indians before their confinement, loss of freedom, and confusion that came with the wrenching transition to reservation life.
For fans of Banned Book Week and champions of freedom of speech, a riveting read about the way a publisher changed censorship laws in Australia with Portnoy's Complaint. Until fifty years ago, books that might damage the morals of the Australian public were banned, seized, and burned. Bookstores were raided. Publishers were fined. Writers were charged, even jailed. In 1970, in great secrecy and at considerable risk, Penguin Books Australia resolved to publish Portnoy's Complaint--Philip Roth's frank, funny, and profane bestseller. The Trials of Portnoy draws on archival records and interviews to show how Penguin and a band of writers, booksellers, academics, and lawyers sought for the freedom to read what they wished, even through criminal charges, police raids, and trials.
A practical guide to what international human rights law means and how that knowledge can be used on behalf of victims, this volume should make a contribution to the empowerment of those it sees as at risk, as well as providing a different view of a world which upholds a common standard of respect for human dignity.;It includes: a detailed commentary on the international covenant on civil and political rights; discussion on the changing priorities in a state in transition from one-party rule to multi-party rule; and extensive appendices including the basic international human rights texts, their signatories and a list of international organizations and NGOs.
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
In Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi, John F. Marszalek III shares conversations with same-sex couples living in small-town and rural Mississippi. In the first book of its kind to focus on Mississippi, couples tell their stories of how they met and fell in love, their decisions on whether or not to marry, and their experiences as sexual minorities with their neighbors, families, and churches. Their stories illuminate a complicated relationship between many same-sex couples and their communities, influenced by southern culture, religion, and family norms. As Marszalek guides readers into the homes of diverse same-sex couples, he weaves in his own story of meeting his husband and living as a married gay man in Mississippi. Both the couples and he explain why they remain in one of the most conservative states in the country rather than moving to a place with a large, vibrant gay community. In addition to sharing his own experiences, Marszalek reviews the literature on the topic, including writings from southern and rural queer studies, history, sociology, and psychology, to explain how the couples' relationships and experiences compare to those of same-sex couples in other areas and times. Consequently, Coming Out of the Magnolia Closet is written for both the scholar of southern and queer studies and for anyone interested in learning about the experiences of same-sex couples.
This book provides the most comprehensive and scientific assessment to date of what it means to appear before war crimes tribunals. This ground-breaking analysis, conducted with the cooperation of the International Criminal Tribunal for the former Yugoslavia (ICTY) Victims and Witnesses Section, examines the positive and negative impact that testifying has on those who bear witness to the horrors of war by shedding new light on the process. While most witnesses have positive feelings and believe they contributed to international justice, there is a small but critical segment of witnesses whose security, health, and well-being are adversely affected after testifying. The witness experience is examined holistically, including witness' perceptions of their physical and psychological well-being. Because identity (gender and ethnicity) and war trauma were central to the ICTY's mandate and the conflicts in the former Yugoslavia, the research explores in-depth how they have impacted the most critical stakeholders of any transitional justice mechanism: the witnesses.
View the Table of Contents. Read the Preface.
Praise for the 10th Anniversary Edition
"White by Law remains one of the most significant and generative
entries in the crowded field of 'whiteness studies.' Ian Haney
LA3pez has crafted a brilliant study, not merely of how 'race'
figures in the juridical logic of U.S. citizenship, but of the ways
in which law fully participates in the wholesale manufacture of
those naturalized groupings we know as 'races.' A terribly
"Ten years after its initial publication, White by Law remains
the definitive treatment of the naturalization cases, and provides
a compelling account of the role of law in constructing race. A
wonderful combination of thematic development and historical
excavation, one leaves this revised edition with a thoroughgoing
understanding of the ways in which citizenship functioned not only
to include and exclude but as a process through which people quite
literally became white by law."
"White by Law remains the definitive work on how American law
constructed a 'white' race at the turn of the twentieth century.
Haney LA3pez has added a chapter to the new edition, a sobering
analysis of how, in our own time, 'colorblind' law and policy
threaten to perpetuate, not eliminate, racial inequality. A
aHere is one work that proved challenging to review with a fresh
eye, having been widely reviewed and discussed since itsoriginal
publication more than 10 years agoa].While oneas first question
upon picking up such a book could easily be awhy bother?a with the
re-release of an older work, in this case, the strategy
worksa].[T]he addition of the authoras personal narrative in the
Preface and his intriguing view into the future with the new
conclusion will add to the bookas pedagogical value. In sum, Haney
Lopez has provided a piece of scholarship worthy of bringing out a
curtain call on its 10th anniversary.a
Praise for the 1st edition:
"Haney LA3pez performs a major service for anyone truly
interested in understanding contemporary debates over racial and
ethnic politics. . . . A sobering and crucial lesson for a society
committed to equality and fairness."
"This book is remarkable for sheer information value, but draws
its analytic power from the emphasis on whiteness to make sense of
racial oppression. . . . Haney LA3pez convincingly demonstrates
that the US is ideologically white not by accident but by
White by Law was published in 1996 to immense critical acclaim, and established Ian Haney LA3pez as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.
In thefirst edition of White by Law, Haney LA3pez traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.
Ten years later, Haney LA3pez revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney LA3pez considers how his own personal experiences with white racial privilege helped engender White by Law.
Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists.
The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law.
This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.
The UN Convention on the Rights of the Child is the most widely ratified human rights treaty in the world, yet everyday children still face poverty, violence, war, disease and disaster. Are the rights we currently afford to children enough? Combining historical analysis with international human rights law, Michael Freeman considers early legal and philosophical theories on children's rights before exploring the impact and limitations of the Convention itself. He also suggests ways that we may rethink children's rights in the future as well as identifying key areas for reform. This book will appeal to an interdisciplinary audience who are interested in children's rights, children's studies, the history of childhood, international human rights, and comparative family law. It is a crucial restatement of the importance of law, policy and rights in improving children's lives.
Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.
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