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.

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

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

In contemporary Indian Country, many of the people who identify as "American Indian" fall into the "urban Indian" category: away from traditional lands and communities, in cities and towns wherein the opportunities to live one's identity as Native can be restricted, and even more so for American Indian religious practice and activity."

Tradition, Performance, and Religion in Native America: Ancestral Ways, Modern Selves "explores a possible theoretical model for discussing the religious nature of urbanized Indians. It uses aspects of contemporary pantribal practices such as the inter-tribal pow wow, substance abuse recovery programs such as the Wellbriety Movement, and political involvement to provide insights into contemporary Native religious identity.

Simply put, this book addresses the question what does it mean to be an Indigenous American in the 21st century, and how does one express that indigeneity religiously? It proposes that practices and ideologies appropriate to the pan-Indian context provide much of the foundation for maintaining a sense of aboriginal spiritual identity within modernity. Individuals and families who identify themselves as Native American can participate in activities associated with a broad network of other Native people, in effect performing their Indian identity and enacting the values that are connected to that identity.

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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.

The oppression of minorities has been a major theme in the history of Europe. It has been a leading cause of disputes over territory, often resulting in war. In modern times nation states have demanded the undivided loyalty of their citizens. This has led to discrimination and racism, and often to the persecution, at its most extreme in the Nazi crusade against the Jews. Recent years have seen Ceausescu's persecution of Hungarians and ethnic cleansing in the Balkans. Minorities, represented by organisations such as the Basque ETA and the Northern Irish Catholic IRA, are also responsible for many of acts of terrorism.
Outsiders is the first history of all European minority communities by a single author. Panikos Panayi deals with the classic dispersed minorities, the Jews and the Gypsies, as well as the Muslims of the Balkans and the massive diaspora of Germans in eastern Europe from the middle ages to 1945. Almost all countries have disadvantaged ethnic and linguistic minorities: whether minorities without their own states, such as the Bretons, Scots, Vlachs and Kurds; or those, such as the Russians in Estonia or the Greeks in Turkey, who form linguistic and ethnic groups different to the native majorities. During wars, and in particular the Second World War, the existence of alien communities often led to persecution, in turn bringing about huge refugee migrations. The result has been untold suffering and the massive resettlement of European populations.
Since the Second World War, the demand for cheap labour has led to an influx of immigrants from outside Europe, whether from the Caribbean, India or Africa. This followed an earlier wave, in which workers from the relativelypoor Mediterranean countries travelled north to the industrial heartlands. There has also been a massive migration westwards of German-speakers. Although all EEC countries now operate strict controls on immigrants, there is enormous pressure from both the east, following the fall of Communism, and from the third world, where birth-rates greatly outstrip that of Europe. The existence of this pressure, as well as that of already sizeable non-European minority communities in all European countries, is an inevitable determinant of Europe's history in the twenty-first century.

From Caitlyn Jenner to Laverne Cox, transgender people have rapidly gained public visibility, contesting many basic assumptions about what gender and embodiment mean. The vibrant discipline of Trans Studies explores such challenges in depth, building on the insights of queer and feminist theory to raise provocative questions about the relationships among gender, sexuality, and accepted social norms. Trans Studies is an interdisciplinary essay collection, bringing together leading experts in this burgeoning field and offering insights about how transgender activism and scholarship might transform scholarship and public policy. Taking an intersectional approach, this theoretically sophisticated book deeply grounded in real-world concerns bridges the gaps between activism and academia by offering examples of cutting-edge activism, research, and pedagogy.

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.

We are now entering an era where the human world assumes recognition of itself as data. Much of humanity's basis for existence is becoming subordinate to software processes that tabulate, index, and sort the relations that comprise what we perceive as reality. The acceleration of data collection threatens to relinquish ephemeral modes of representation to ceaseless processes of computation. This situation compels the human world to form relations with non-human agencies, to establish exchanges with software processes in order to allow a profound upgrade of our own ontological understanding. By mediating with a higher intelligence, we may be able to rediscover the inner logic of the age of intelligent machines. In The End of the Future, Stephanie Polsky conceives an understanding of the digital through its dynamic intersection with the advent and development of the nation-state, race, colonization, navigational warfare, mercantilism, and capitalism, and the mathematical sciences over the past five centuries, the era during which the world became "modern." The book animates the twenty-first century as an era in which the screen has split off from itself and proliferated onto multiple surfaces, allowing an inverted image of totalitarianism to flash up and be altered to support our present condition of binary apperception. It progresses through a recognition of atomized political power, whose authority lies in the control not of the means of production, but of information, and in which digital media now serves to legitimize and promote a customized micropolitics of identity management. On this new apostolate plane, humanity may be able to shape a new world in which each human soul is captured and reproduced as an autonomous individual bearing affects and identities. The digital infrastructure of the twenty-first century makes it possible for power to operate through an esoteric mathematical means, and for factual material to be manipulated in the interest of advancing the means of control. This volume travels a course from Elizabethan England, to North American slavery, through cybernetic Social Engineering, Cold War counterinsurgency, and the (neo)libertarianism of Silicon Valley in order to arrive at a place where an organizing intelligence that started from an ambition to resourcefully manipulate physical bodies has ended with their profound neutralization.

This study focuses on the field of security studies through the prism of migration. Using ethnographic methods to illustrate an experiential theory of security taken from the perspective of migrants and asylum seekers in Europe, it effectively offers a means of moving beyond state-based and state-centric theories in International Relations.

This work explores the varied and complex ways in which women in a variety of occupational and social categories experience international migration. The chapters are concerned primarily with the question of whether international migration provides women with opportunities for liberating themselves from subordinate gender roles in their countries of origin. At the same time, the authors discuss whether migrant women face both traditional and new forms of subordination and discrimination in their host societies.

Dispelling the myth that women became involved in partisan politics only after they obtained the vote, this study uses contemporary newspaper sources to show that women were active in the party struggle long before 1920. Although their role was initially limited to attending rallies and hosting picnics, they gradually began to use their pens and voices to support party tickets. By the late 19th century, women spoke at party functions and organized all-female groups to help canvass neighborhoods and get out the vote. In the early suffrage states of the West, they voted in increasing numbers and even held a few offices. Women were particularly active, this book shows, in the minor reformist parties--Populist, Prohibitionist, Socialist, and Progressive--but eventually came to play a role in the major parties as well. Prominent suffrage leaders, such as Elizabeth Cady Stanton and Susan B. Anthony, entered the partisan arena in order to promote their cause. By the time the suffrage amendment was ratified, women were deeply involved in the mainstream political process.

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"Contributes[s] interesting new dimensions to the literature on Jews and blacks in the United States."
--"The Journal of American History"

"A fascinating text which adds to our understanding of recent Jewish Left and feminist politics and activism"
"--Australian Jewish News, Aug. 2001"

"Blending together 15 oral histories and archival research, Schultz shows how northern Jewish women's commitment to social justice - informed in part by living in the shadow of the Holocaust - played out in a time of enormous political, social, and personal upheaval...Sharply observant of her informants' lives, Schultz opens a new window not only into the civil rights movement but also into the sociology of mid-century Jewish-American culture. Her analysis is most impressive at the book's end, when she perceptively describes the protean nature of Jewish identities in the U.S. Such insightful cultural readings and criticism make this a fine contribution to both the literature of the civil rights movement and the field of Jewish studies."
"--Publishers Weekly"

"Schultz's book makes a substantial contribution to feminist scholarship, but in the end it is also a call to renewed action - to never forget the sacrifices of previous generations."
--"The Journal of Southern History"

"A well-written, serious, and important book. I learned a great deal from this interesting and rich study."
"--Joyce Antler, author of The Journey Home: How Jewish Women Shaped Modern America"

""Going South" is a heartfelt plea for incorporating women's activism into social movement history."
--Linn Shapiro, "American Jewish History"

"Going South is aremarkable book, reflecting the experiences of fifteen women who joined the 1960s civil rights movement showing how and why they got there, what role, if any religion played in their lives, and what happened to them afterwards."
--"Journal of American Studies"

"The strength of the book is that it is based on interviews; the reader is introduced to each women, her family, the work she performed in the South, the people she met and the difficulties she overcame while there."--"Jewish Observer"

Many people today know that the 1964 murder in Mississippi of two Jewish men--Mickey Schwerner and Andrew Goodman--and their Black colleague, James Chaney, marked one of the most wrenching episodes of the civil rights movement. Yet very few realize that Andrew Goodman had been in Mississippi for one day when he was killed; Rita Schwerner, Mickey's wife, had been organizing in Mississippi for six difficult months.

Organized around a rich blend of oral histories, Going South followsa group of Jewish women--come of age in the shadow of the Holocaust and deeply committed to social justice--who put their bodies and lives on the line to fight racism. Actively rejecting the post-war idyll of suburban, Jewish, middle-class life, these women were deeply influenced by Jewish notions of morality and social justice. Many thus perceived the call of the movement as positively irresistible.

Representing a link between the sensibilities of the early civil rights era and contemporary efforts to move beyond the limits of identity politics, the book provides a resource for all who are interested in anti-racism, the civil rights movement, social justice, Jewish activism and radical women's traditions.

Many thousands of Irish peasants fled from the country in the terrible famine winter of 1847-1848, following the road to the ports and the Liverpool ferries to make the dangerous passage across the Atlantic. The human toll of "Black '47", the worst year of the famine, is notorious, but the lives of the emigrants themselves have remained largely hidden, untold because of their previous obscurity and deep poverty. In The End of Hidden Ireland, Robert Scally brings their lives to light. Focusing on the townland of Ballykilcline in Roscommon, Scally offers a richly detailed portrait of Irish rural life on the eve of the catastrophe. From their internal lives and values, to their violent conflict with the English Crown, from rent strikes to the potato blight, he takes the emigrants on each stage of their journey out of Ireland to New York. Along the way, he offers rare insights into the character and mentality of the immigrants as they arrived in America in their millions during the famine years. A brilliant analysis, rich with metaphors, The End of Hidden Ireland demonstrates the impact of modernization on Irish peasant behavior and makes a major contribution to migration, peasant, and famine studies. This book is also a tale of adventure and human survival, one that does justice to a tragic generation with sympathy but without sentiment.

This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

A comprehensive comparative study of the distinct ideas and political arguments that have shaped French and British policies towards their ethnic minorities, and the effects of these intellectual frameworks at local, national and European levels. Charting the politics and events that brought the respective institutional solutions together, the author sets out the divergent conceptualisations of citizenship, nationality, pluralism, autonomy, public order and tolerance that make up the national 'philosophies' in the two countries - republican integration in France and multicultural race relations in Britain. This new edition, published in paperback, contains a new preface bringing the volume up-to-date in the light of new legislation and progress.

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American society. Otten provides students with a knowledge base from which to address questions such as: Does the Constitution really protect women? Despite gains in status and legal protection, has the position of women in society really improved? What is the ultimate status of women as defined by U.S. law? Do the decisions of the Supreme Court reflect a consistency in the Court's thinking regarding women and their rightful place in society? When addressing issues related to women's rights, have the Justices of the Court engaged in social activism or simple judicial interpretation? Throughout, the author emphasizes that women's struggle for self-determination and equality is also that of men's.

As a black Appalachian woman, Memphis Tennessee Garrison belonged to a demographic category triply ignored by historians.
The daughter of former slaves, she moved to McDowell County, West Virginia, at an early age and died at ninety-eight in Huntington. The coalfields of McDowell County were among the richest seams in the nation. As Garrison makes clear, the backbone of the early mining work force--those who laid the railroad tracks, manned the coke ovens, and dug the coal--were black miners. These miners and their families created communities that became the centers of the struggle for unions, better education, and expanded civil rights. Memphis Tennessee Garrison, an innovative teacher, administrative worker at U.S. Steel, and vice president of the National Board of the NAACP at the height of the civil rights struggle (1963-66), was involved with all of these struggles.
In many ways, this oral history, based on interview transcripts, is the untold and multidimensional story of African American life in West Virginia, as seen through the eyes of a remarkable woman. She portrays a courageous people who organize to improve their working conditions, send their children to school and then to college, own land, and support a wide range of cultural and political activities.

Addressing the debate around what makes a good citizen, this work proposes a new form of post-colonial citizenship education which can be applied in any cultural setting. International educational partnerships provide the opportunity for participants to live out values such as cultural empathy and thus demonstrate their right to citizenship.

Apartheid and its resistance come to life in this memoir making it a vital historical document of its time and for our own. In 1969, while a student in South Africa, John Schlapobersky was arrested for opposing apartheid and tortured, detained and eventually deported. Interrogated through sleep deprivation, he later wrote secretly in solitary confinement about the struggle for survival. Those writings inform this exquisitely written book in which the author reflects on the singing of the condemned prisoners, the poetry, songs and texts that saw him through his ordeal, and its impact. This sense of hope through which he transformed his life guides his continuing work as a psychotherapist and his focus on the rehabilitation of others. "[T]hetale of an ordinary young man swept one day from his life into hell, testimony to the wickedness a political system let loose in its agents and, above all, an intimate account of how a man became a healer."-Jonny Steinberg, Oxford University From the introduction: I was supposed to be a man by the time I turned 21, by anyone's reckoning. By the apartheid regime's reckoning, I was also old enough to be tortured. Looking back, I can recognize the boy I was. The eldest of my grandchildren is now approaching this age, and I would never want to see her or the others - or indeed anyone else - having to face any such ordeal. At the time my home was in Johannesburg, only some thirty miles from Pretoria, where I was thrown into a world that few would believe existed, populated by creatures from the darkest places, creatures of the night, some in uniform. I was there for fifty-five days, and never went home again.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

In "Teaching Equality," Adam Fairclough provides an overview of the enormous contributions made by African American teachers to the black freedom movement in the United States. Beginning with the close of the Civil War, when "the efforts of the slave regime to prevent black literacy meant that blacks . . . associated education with liberation," Fairclough explores the development of educational ideals in the black community up through the years of the civil rights movement. He traces black educators' connection to the white community and examines the difficult compromises they had to make in order to secure schools and funding. Teachers did not, he argues, sell out the black community but instead instilled hope and commitment to equality in the minds of their pupils. Defining the term teacher broadly to include any person who taught students, whether in a backwoods cabin or the brick halls of a university, Fairclough illustrates the multifaceted responsibilities of individuals who were community leaders and frontline activists as well as conveyors of knowledge. He reveals the complicated lives of these educators who, in the face of a prejudice-based social order and a history of oppression, sustained and inspired the minds and hearts of generations of black Americans.

Howard Altstein and Rita Simon are the editors of this volume which describes the experiences of foreign born adoptees and their families. Countries discussed include the United States, Canada, Norway, West Germany, Denmark, the Netherlands, and Israel. Agency sponsored intercountry adoption (ICA) first began with the end of World War II when European orphans were adopted by American families. This book provides a brief history of intercountry adoption; specifies the rules and procedures employed in the various countries; and evaluates the pros and cons and successes and failures in the seven nations.

For each country the book provides information on the number of transracial and intercountry adoptions since the end of World War II (or 1960). It discusses each country's formal statutes on transracial and intercountry adoption, and describes the organizations and/or social movements advocating such adoptions as well as those opposing them. The editors conclude with a summary, drawn from the case studies, which assesses the successes and failures of the adoption policies and experiences. Compiled by leading scholars in the adoption field, this volume is designed for use by social workers, adoption agencies, sociologists, and psychologists.