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.

What should be demanded -- in the name of the protection of liberty, equality, and stability -- of citizens? Since the seventeenth century, liberal thought has been interested in the rights of individuals and their capacity to engage as free equals in the political activity of their community. This volume presents new essays by writers including Jim Tully, Alan Patten, and Philippe van Parijs that offer a fresh perspective on citizenship. After two decades of strident individualism, the contributors argue that it is time to go beyond the standard concern of what can be ascribed to citizens.

Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.

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.

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.

Traces labor migration of women from Eastern Caribbean to oil-producing countries such as Venezuela, Trinidad, Curaðcao, and especially Aruba. Discusses women's participation in the labor force, gender relations, domestic service, the social and economic position of the migrants, and motherhood. Argues that US investments are an important factor in the migration of Caribbean women"--Handbook of Latin American Studies, v. 57.

In this sequel to his prize-winning book,AThe Eyes of the People, Jeffrey Edward Green draws on philosophy, history, social science, and literature to ask what democracy can mean in a world where it is understood that socioeconomic status to some degree will always determine opportunities for civic engagement and career advancement. Under this shadow of unfairness, Green argues that the most advantaged class are rightly subjected to compulsory public burdens. And just as provocatively, he urges ordinary citizens living in polities permanently darkened by plutocracy to acknowledge their second-class status and the uncomfortable civic ethics that come with it - specifically an ethics whereby the pursuit of egalitarianism is informed, at least in part, by indignation, envy, uncivil modes of discourse, and even the occasional suspension of political care. Deeply engaged in the history of political thought,AThe Shadow of UnfairnessAis still first and foremost an effort to illuminate present-day politics. With the plebeians of ancient Rome as his muse, Green develops a plebeian conception of contemporary liberal democracy, at once disenchanted yet idealistic in its insistence that the Few-Many distinction might be enlisted for progressive purpose. Green's analysis is likely to unsettle all sides of the political spectrum, but its focus looks beyond narrow partisan concerns and aims instead to understand what the ongoing quest for free and equal citizenship might require once it is accepted that our political and educational systems will always be tainted by socioeconomic inequality.

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.

The first compilation ever to explore the contentious history of the world gay rights movement from its inception in Germany in the 1800s to today. Denmark recently became the first country in the world to allow marriage between same-sex partners. In Uganda, homosexuality is a crime punishable by life imprisonment. Depending on where you are in the world, homosexuality is an "unspeakable love", a medical deviance, a legitimate alternative lifestyle, or simply a non-issue. Gay and Lesbian Issues: A Reference Handbook traces the developments, people and organizations responsible for bringing homosexual issues to the public's attention. In addition to exploring such controversial issues as gays in the military and child adoption this title discusses court decisions, pivotal events, and key individuals like Magnus Hirschfeld, Radclyffe Hall, Anita Bryant, and Harvey Milk, a San Francisco gay rights activist who was murdered by a town supervisor. What happens when a same-sex couple marrying in Denmark returns to the U.S. expecting to be treated as legally married? This one-of-a-kind reference explores the interplay of international politics with U.S. policies. Students, administrators and parents alike will discover a wealth of supportive data and statistics on hate crimes, adolescent suicide, military discrimination and much more.

"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.

Libya faces a bleak humanitarian crisis, the result of the country's descent into civil war in the summer of 2014 following the 2011 revolution. Hundreds of thousands of Libyan citizens are uprooted within the country and many more are sheltering in neighboring states, particularly Tunisia. Drawing on in-depth interviews with policymakers, practitioners, and displaced Libyans both inside and outside the country, Megan Bradley, Ibrahim Fraihat, and Houda Mzioudet present a brief, yet thoroughly illuminating assessment of the political, socioeconomic, security, humanitarian, and human rights implications of the continued displacement of Libyan citizens within and outside their country. Assessing the complex dimensions and consequences of the situation, Libya's Displacement Crisis lays the groundwork for what comes next. Acknowledging that the resolution of this crisis hinges on a negotiated end to the Libyan civil war, the authors present ideas to improve assistance strategies and to support durable solutions for displaced Libyans with implications for refugee crises in other parts of the world, including Syria and Iraq. Georgetown Digital Shorts -- longer than an article, shorter than a book -- deliver timely works of peer-reviewed scholarship in a fast-paced, agile environment. They present new ideas and original texts that are easily and widely available to students, scholars, libraries, and general readers.

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.

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.

"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.

The creation of a new public realm through the use of the Internet and ICT may positively promote political liberties and freedom of speech, but could also threaten the political and public autonomy of the individual. Human Rights and the Impact of ICT in the Public Sphere: Participation, Democracy, and Political Autonomy focuses on the new technological era as an innovative way to initiate democratic dialogue, but one that can also endanger individual rights to freedom, privacy, and autonomy. This reference book focuses on the new opportunities technology offers for political expression and will be of use to both academic and legal audiences, including academics, students, independent authorities, legislative bodies, and lawyers.

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.

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.

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives.

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.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

Anthropologist and social critic Ghassan Hage explores one of the most complex and troubling of modern phenomena: the desire for a white nation.

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aIt addresses a powerful topic. It is a conceptually creative piece of scholarship, forged from a sophisticated interdisciplinary viewpoint.a
-- The Law and Politics Book Review

"A rich and exceptionally clear account of the meaning-making context and constitution of citizenship."
--Christine Harrington, Institute for Law and Society, New York University

"Mark Weiner provides a rare and radical insight into the racial structures of American law. Reading this racial history through the rhetoric of case law decisions--juridical racialism--provides a dramatic sense of the anthropological scope of what law has done and potentially continues to do."
--Peter Goodrich, Cardozo School of Law

"An enthralling mixture of personages and cases that reveals much about the intimate combining of law and 'American' imperialism, including the complicities of scholarship."
--Peter Fitzpatrick, Birkbeck School of Law, University of London

"Juridical racialism is legal rhetoric infused with Anglo-Saxon racial superiority and Weiner shows how it operated from the Gilded Age to the decision in Brown v. Board of Education. Reading the news, one wonders if it is not still operating today."
--John Brigham, University of Massachusetts, Amherst

Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls "juridical racialism." The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indiansin the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.

Weiner reveals the significance of juridical racialism for each group--and, in turn, Americans as a whole--by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.

Cleary examines the origins, spread, and results of human rights movements in Latin America, and he analyzes the mark such movements have made in world politics. He shows the enormous difficulties encountered by fledgling grassroots groups which first challenged military dictatorships over the disappeared, detention, torture, and pervasive repression. He chronicles the amazingly dynamic growth of human rights organizations, affecting democratic processes in Latin America and foreign policy in the United States. This book is particularly important because it establishes, for the first time, a record of why, how, where, and when the concept of human rights-not long ago absent as a practical concept-generates so powerful a Latin American response. The alliances so formed are shown to evoke continued popular support and to effect on-going fundamental changes in Latin America. An important survey to all scholars, researchers, and students of human rights and political affairs in Latin America.