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In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.

Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index.
Charles S. Mangum, Jr. 1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952).
"An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style." -Jerome H. Springarn, Columbia Law Review (1940) 40:1118

Global politics has transformed in recent years due to a rise in nationalist ideology, the breakdown of multiple societies, and even nation-state legitimacy. The nation-state, arguably, has been in question for much of the digital age, as citizens become transnational and claim loyalty to many different groups, causes, and in some cases, states. Thus, politics that accompany diasporic communities have become increasingly important focal points of comparative and political science research. Global Diaspora Politics and Social Movements: Emerging Research and Opportunities provides innovative insights into the dispersion of political and social groups across the world through various research methods such as case studies. This publication examines migration politics, security policy, and social movements. It is designed for academicians, policymakers, government officials, researchers, and students, and covers topics centered on the distribution of social groups and political groups.

Who are "The Legal Warriors" in this book? Some might think these are lawyers. But that is wrong. The real Legal Warriors in this book are the poor individuals and families who daily struggle to gain their rights. The real Legal Warriors are their community groups fighting for justice and improvements in society. These fighters include families struggling to save their homes from foreclosure. They are the neighborhood organizations combatting the industrial polluters who poison our water and air. They are the soldiers who skirmish to keep their gas and lights on. They are newcomers who come to our region to seek a "fresh start in life." These are only some of the legal warriors that I have been privileged to serve in my fifty years of legal work. To all of them I say thank you for sharing your battles with me. This book is dedicated to you. I pray and hope that the Good Lord blesses you and your communities with many well-deserved legal victories in all of your struggles.

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Bibliography: http: //www.nyupress.org/webchapters/9780814775998_benhabib_biblio.pdf

In an increasingly globalized world, the movement of peoples across national borders is posing unprecedented challenges, for the people involved as well as for the places to which they travel and their countries of origin. Citizenship is now a topic in focus around the world but much of that discussion takes place without sufficient attention to the women, men, and children, in and out of families, whose statuses and treatments depend upon how countries view their arrival. As essays in this volume detail, both the practices and theories of citizenship need to be reappraised in light of the array of persons and of twentieth-century commitments to their dignity and equality.

Migrations and Mobilities uniquely situates gender in the context of ongoing, urgent conversations about globalization, citizenship, and the meaning of borders. Following an introductory essay by editors Seyla Benhabib and Judith Resnik that addresses the parameters and implications of gendered migration, the interdisciplinary contributors consider a wide range of issues, from workers' rights to children's rights, from theories of the nation-state and federalism to obligations under transnational human rights conventions. Together, the essays in this path-breaking collection force us to consider the pivotal role that gender should play in reconceiving the nature of citizenship in the contemporary, transnational world.

Contributors: Selya Benhabib, Jacqueline Bhabha, Linda Bosniak, Catherine Dauvergne, Talia Inlender, Vicki C. Jackson, David Jacobson, Linda K. Kerber, Audrey Macklin, Angela Means, Valentine M. Moghadam, Patrizia Nanz, Aihwa Ong, Cynthia Patterson, Judith Resnik, and Sarah K. van Walsum.

Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.

This book provides international readers with basic knowledge of Chinese civil procedure and succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws. The book begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure. The book also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving Foreign Elements of 28 October 2010, which entered into force on 1 April 2011. CHEN Weizuo is Director of the Research Centre for Private International Law and Comparative Law at Tsinghua University's School of Law in Beijing. He has a Doctor of Laws degree from Wuhan University, China; an LL.M. and doctor iuris, Universit t des Saarlandes, Germany; professeur invit la Facult internationale de droit compar de Strasbourg, France (since 2003); professeur invit l'Universit de Strasbourg, France. He has published extensively on the international laws and his publications have appeared both in and outside China. He has taught a special course in French at the Hague Academy of International Law during its 2012 summer session of private international law.

When nine Vietnamese women arrived at Virginia Lynn Sudbury's small law office in Pago Pago, on the island of Tutuila in the territory of American Samoa, she wasn't certain she would take the case. The women, workers at the Daewoosa garment factory, were trying to get the company to pay them their promised wages. She decided to take the case, however--not knowing that it would take years to resolve.

Sweatshops in Paradise tells the first-person account of the notorious garment factory/sweatshop class-action lawsuit Nga v. Daewoosa, which took place in the territory of American Samoa from 1999 until 2001. This precedent-setting case drew international attention to the issues surrounding involuntary servitude and trafficking in human beings in far-flung US territories.

Written by Sudbury, who acted as the lead plaintiff attorney, Sweatshops in Paradise narrates the story of some three hundred Vietnamese and Chinese workers who were brought to American Samoa to work in the Daewoosa garment factory. There, they encountered civil injustices, rampant abuse, and imprisonment at the hands of the Korean factory owner and the local government.

Chronicled in a frank, disarming, and at times humorous manner, Sweatshops in Paradise draws upon hearing transcripts, newspaper articles, and narratives from the largest lawsuit of American Samoa's history. It provides a poignant accounting of the fears of the workers and the abuses they endured, the impunity of the factory owner, and the incomprehensible neglect of the evolving and tragic situation by the American Samoa government.

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.

In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China's minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China's ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.

Re-understanding the Child's Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their families

The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.

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 important work."
--Matthew Frye Jacobson, author of "Roots Too: White Ethnic Revival in Post-Civil Rights America"

"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."
--Devon W. Carbado, Professor of Law and Associate Dean, UCLA School of 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 must-read."
--Mae M. Ngai, author of "Impossible Subjects: Illegal Aliens and the Making of Modern America"

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
--"Law and Politics Review"

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."
--Martha Minow, Harvard Law School

"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 design."
--"Choice"

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.

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

This book is an essential resource for anyone who wants to understand race in America, drawing on research from a variety of fields to answer frequently asked questions regarding race relations, systemic racism, and racial inequality. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. This particular volume examines the true state of race relations and racial inequality in the United States, drawing on empirical research in the hard sciences and social sciences to answer frequently asked questions regarding race and inequality. The book refutes falsehoods, misunderstandings, and exaggerations surrounding these topics and confirms the validity of other assertions. Assembling this empirical research into one accessible place allows readers to better understand the scholarly evidence on such high-interest topics as white privilege, racial bias in criminal justice, media bias, housing segregation, educational inequality, disparities in employment, racial stereotypes, and personal attitudes about race and ethnicity in America. The authors draw from scholarly research in biology, genetics, medicine, sociology, psychology, anthropology, and economics (among many other fields) to answer these questions, and in doing so they provide readers with the information to enter any conversation about American race relations in the 21st century as informed citizens. Addresses beliefs and claims regarding race and ethnicity in America in an easy-to-navigate question-and-answer format Draws from empirical research in a variety of scholarly fields and presents those findings in a single, lay-friendly location to aid understanding of complex issues Provides readers with leads to conduct further research in extensive Further Reading sections for each entry Examines claims made by individuals and groups of all political backgrounds and ideologies

To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies. Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.

In today's globalized society, the war on terror has negatively affected privacy rights not just in the United States, but everywhere. When privacy rights are curtailed around the world, American efforts to spread freedom and democracy are hindered, and as a consequence, Americans are less secure in the world. Ironically, the erosion of individual privacy rights, here and abroad, has been happening in the name of enhancing national security. This book sheds light on this apparent contradiction, and argues that governments must do more to preserve privacy rights while endeavoring to protect their citizens against future terrorist attacks. It is easy to forget that prior to 9/11, privacy rights were on the march. Plans were in the works, in the areas of legislation and regulation, to protect personal privacy from both governmental intrusion and corporate penetration. The need for such protections arose from the swift advances in information technology of the 1990s. But the attacks of 9/11, and the responses of governments to this new level of the terrorist threat, put an end to all that. Not only is privacy no longer emphasized in legislation, it is being eroded steadily, raising significant questions about the handling of personal information, surveillance, and other invasions into the private lives of ordinary citizens.

This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.