The Reagan Adminstration justified its civil rights enforcement by claiming an electoral mandate to reduce government. The Administration employed an administrative strategy to fulfill this asserted mandate, illustrating the conventional wisdom that the strategy enhances political responsiveness. But responsiveness to popular will is one democratic value, while protection of minority rights another. In the case of the administrative strategy to enforce the law protecting civil rights of the institutionalized, career employees within the Reagan Justice Department reacted forcefully to the change in policy direction, believing their action was critical to protecting basic human rights because of the powerlessness of the affected group.

Holt examines how the Reagan Administration implemented its strategy of limited enforcement and the varied responses of the career employees, including internal and external criticism, mass departure, and even sabotage of some actions. A survey of careerists and interviews with both political and career employees provide detailed accounts of the clash that ensued. In addition to providing valuable information on how and when an administrative strategy can best be employed, Holt identifies some of the hidden costs of a tightly controlled bureaucracy. An apparently successful policy, which minimizes the involvement of experienced career employees, can have an adverse long term effect. A valuable study for all students and researchers of public policy formation and implementation, the contemporary presidency, and civil rights.

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man's advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

"A stimulating debate of a great case."
--Library Journal

"Balkan offers his own assessment in a critical introduction and the iconic impact of "Brown,""
--"Black Issues Book Review"

"Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms."
--"Journal of the West"

"Passionate, intelligent, accessible, and eloquent. If only the real court would follow suit."
--Kirkus, Starred Review

"A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time."
--Randall Kennedy, Harvard Law School

"A critical introduction to the original ruling."
-- "Reference & Research Book News"

"Brown v. Board of Education," the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights.

Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices.

As the50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights.

In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy.

Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

Vietnam has claimed the Paracel and Spratly Island groups for hundreds of years. China's invasion and capture of the Paracels from South Vietnam in 1974, and its ongoing occupation of the Spratlys, have created increasing opposition and anger not only among Vietnamese citizens but worldwide. This book insists that China's illegal violation of Vietnamese sovereignty rights in the Paracels and Spratlys has included serious human rights violations and decelerated the process of human emancipation. Using both realist and critical theories in a comparative framework, China Moves South states that while realism may offer a reasonable approach to explaining China's behavior, critical theory is a more appropriate lens to challenge China's occupations. Employing critical theory and human rights law as methods of evaluation, this book insists that human rights and international law cannot sustain China's continuing violations as defined by the United Nations Conventions on the Law of the Sea in 1982. Additionally, China Moves South aims to provide government officials, international scholars, students, and other interested parties with a better understanding of Chinese's illegal invasion and capture of the Paracels and Spratlys and, more importantly, to counsel urgent action to resist the Chinese occupation as China becomes more assertive in the vital waters of the South China Sea.

This book analyses Chile's "truth and justice" policies implemented between 1990 and 2013. The book's central assumption is that human rights policies are a form of public policy and consequently they are the product of compromises among different political actors. Because of their political nature, these incomplete "truth and justice" policies instead of satisfying the victims' demands and providing a mechanism for closure and reconciliation generate new demands and new policies and actions. However, these new policies and actions are partially satisfactory to those pursuing justice and the truth and unacceptable to those trying to protect the impunity structure built by General Pinochet and his supporters. Thus, while the 40th anniversary of the violent military coup that brought General Pinochet to power serves as a milestone with which to end this policy analysis, Chile's human rights historical drama is unfinished and likely to generate new demands for truth and justice policies.

This book explores the various facets of the relationship between minorities and the state across Africa. The motivation for this collection lies in the growing need to understand the often tenuous relationship between minorities and the state. Through this collection, the editors and contributors present thoughtful ways for understanding forms of hegemony imposed by dominant groups in relational, national, and regional experiences. The book offers alternative conceptual and theoretical approaches and alternative research strategies for dealing with minority/majority issues, as well as resource control in historical and contemporary perspectives. The collection focuses on minority issues in contemporary Africa from a historical perspective, but also links these issues to global movements (such as international human rights) in an innovative manner. This book employs a cross-regional approach to explore specific issues in minority-state relations and human rights. This unprecedented approach holds the potential of serving as a foundation study for future research that seek to employ a comparative approach to specific issues in minority and human rights studies.

"This book makes important contributions to Women's Studies and Speech Communication and deserves our critical attention."--"Women's Studies in Communication"

Many of us have grown up with the language of civil rights, yet rarely consider how the construction of civil rights claims affects those who are trying to attain them. Diane Miller examines arguments lesbians and gay men make for civil rights, revealing the ways these arguments are both progressive--in terms of helping to win court cases seeking basic human rights--and limiting--in terms of framing representations of gay men and lesbians.

Miller incorporates case studies of lesbians in the military and in politics into her argument. She discusses in detail the experiences of Colonel Margarethe Cammermeyer, who was dishonorably discharged from the National Guard after 27 years of service when she revealed that she was a lesbian, and Roberta Achtenberg, who was nominated by Clinton for the job of Assistant Director of Housing and Urban Development and became the first gay or lesbian to face the confirmation process. Drawing on these cases and their outcomes, Miller evaluates the advantages and disadvantages of privileging civil rights strategies in the struggle for gay and lesbian rights.

Human Rights is an introductory text that is both innovative and challenging. It invites students to think conceptually about one of the most important and influential political concepts of our time. In this unique interdisciplinary approach, Michael Freeman emphasizes the complex ways in which the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights. By tracing the history of the concept, the book shows that there is a fundamental tension between the philosophy of human rights and the way in which it is understood in the social sciences. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? Should feminists embrace, revise or reject the idea of human rights? Does the idea of human rights distract our attention from the structural causes of oppression and exploitation? What are the underlying causes of human rights violations; and why do some countries have much worse human rights records than others? The book will appeal to students in the social sciences, as well as students of human rights law who want an introduction to the non-legal aspects of their subject. It will also be read by scholars interested in ethics and the social sciences, as well as the general reader. This is a substantially revised edition that takes account of recent events such as the war on terror and the global economic crisis of 2008.

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Between 1914 and the present day the political makeup of the Balkans has relentlessly changed, following unpredictable shifts of international and internal borders. Between and across these borders various political communities were formed, co-existed and (dis)integrated. By analysing one hundred years of modern citizenship in Yugoslavia and post-Yugoslav states, Igor Stiks shows that the concept and practice of citizenship is necessary to understand how political communities are made, un-made and re-made. He argues that modern citizenship is a tool that can be used for different and opposing goals, from integration and re-unification to fragmentation and ethnic engineering. The study of citizenship in the 'laboratory' of the Balkands offers not only an original angle to narrate an alternative political history, but also an insight into the fine mechanics and repeating glitches of modern politics, applicable to multinational states in the European Union and beyond.

This book examines the governance of Asian student and academic mobility, which has transformed the higher education landscape. While campuses are experiencing an unprecedented level of diversity, knowledge creation remains explicitly Eurocentric and dominated by the Global North. The authors advocate for a new educational paradigm that takes into account the transcultural flow of knowledge on campus as a public good, capitalises on Asian students and academics' multilingual competencies, and offers them equal access to creating quality-orientated education. The book argues that international higher education must be grounded in both a plurality of knowledges and the ethics of cognitive justice, and that the governing policies should facilitate the higher education sector to build a platform of internationalising affect and effect on campus.

Thomas Paine is a legendary Anglo-American political icon: a passionate, plain-speaking, relentlessly controversial, revolutionary campaigner, whose writings captured the zeitgeist of the two most significant political events of the eighteenth century, the American and French Revolutions. Though widely acknowledged by historians as one of the most important and influential pamphleteers, rhetoricians, polemicists and political actors of his age, the philosophical content of his writing has nevertheless been almost entirely ignored. This book takes Paine's political philosophy seriously. It explores his views concerning a number of perennial issues in modern political thought including the grounds for, and limits to, political obligation; the nature of representative democracy; the justification for private property ownership; international relations; and the relationship between secular liberalism and religion. It shows that Paine offers a historically and philosophically distinct account of liberalism and a theory of human rights that is a progenitor of our own.

The social security of a person in the modern world can only be ensured by a purposeful policy and actions of the state and society aimed at achieving it. This requires favorable socio-economic conditions and creating an effective personal security system protecting property and citizens. Human social security can be threatened by phenomena and processes that lead to drastic changes in the life of society and dangerous deformations that entail severe social consequences for the individual, social groups, and institutions. Regulating Human Rights, Social Security, and Socio-Economic Structures in a Global Perspective discusses the global regulation of human rights, social security, and socio-economic structures in an era of acute challenges and crises. It presents comprehensive research on political structures and the conflicts within causing challenges to individual identity and insecurity. Covering topics such as legal-socio studies, digital authoritarianism, and regional security, this premier reference source is an essential resource for government officials, politicians, geopolitical experts, economists, non-profit organizations, human rights advocates, libraries, students, researchers, and academicians.

Van Belle provides the first systematic analysis of the effects that press freedom has on the conduct of international politics. The institutionalization of press freedoms within a state and the free flow of information between the free presses of different nations creates a foreign policy decision making environment that systematically limits policy options, generates domestic political imperatives, and provides specific benefits to a leader. This shapes some aspects of foreign policy in a consistent and empirically identifiable manner, most notably by limiting international conflicts. When social-psychological propositions regarding dehumanization and the acceptance of killing in war are introduced to Van Belle's model, shared press freedom is shown to provide a mechanism that prevents lethal conflicts. The effects of press freedom on international conflict, particularly on hypotheses related to escalating conflicts beyond the threshold of casualties, are quite robust. However, Van Belle indicates there is no evidence of a complimentary effect on cooperation. The combination of findings from the empirical analyses suggest that the key to the effects of press freedom center on the creation of images, such as the dehumanized image of an enemy. A thoughtful analysis that scholars and researchers of foreign policy and international relations as well as journalism and mass communication will find particularly useful.

This book examines the global campaign to end hunger and malnutrition. Focus is placed on the work of the United Nations which has led international efforts to improve food security in the world's poorest countries. The book first reviews the long-term project to establish access to safe, sufficient, and nutritious food as a universally recognized human right. This is followed by separate chapters that examine the nature and central causes of food insecurity in Latin America, Africa, the Middle East, and Asia. These chapters also review the contemporary work of three United Nations agencies - the World Food Programme, Food and Agriculture Organization, and International Fund for Agricultural Development - in providing both food aid and food assistance to each region of the developing world. This includes the provision of emergency food aid in response to natural disaster and civil conflict, as well as longer-term food assistance to promote agricultural productivity, advance rural development, and preserve natural environments. The concluding chapter considers ways to strengthen food aid and assistance in the years to come, with many of the recommendations advanced reflecting lessons learned from the actual experience of food aid and assistance described in this book.

The Irish Famine of 1845-49 was a major modern catastrophe. The return of the potato blight in 1846 triggered a huge exodus of destitute Irish seeking refuge in British towns and 1847 witnessed an unprecedented inflow of Irish refugees into Britain. This book examines the scale of that refugee immigration, the conditions under which the refugees were carried to Britain, the relief operations mounted, the horrors of the typhus epidemic in Liverpool, Glasgow, Manchester, South Wales and the North-East, and the financial cost to the British ratepayers.

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

Freedom of expression is enshrined in the Constitution as a "sacred right" of the American people. The appeal is clear: "Congress shall make no law...abridging the freedom of speech or of the press." Yet the ink had barely dried on the Constitution before the first landmark freedom of expression issue exploded onto the scene. This student resource traces 11 such issues that have polarized the nation. These events show the variety, complexity, and intensity that freedom of speech and expression issues engender. Issues include: BLAlien and Sedition Acts of 1798 BLThe Abolitionist Movement BLThe Civil War BLThe Comstock Law BLWorld War I BLThe Cold War and the "Red Menace" BLThe Civil Rights Movement BLThe Vietnam War BLThe Nazi March on Skokie BLPolitical Correctness and Free Speech on Campus BLThe Internet These events show the variety, complexity, and intensity that freedom of speech and expression issues engender. Magee illustrates how the United States has worked through these contentious periods with American citizens' freedoms remaining intact, if not enhanced. An annotated bibliography follows each issue to provide avenues for further research, and a timeline and general bibliography provide additional reference support.

Survivors of the Holocaust accounted for fully one-half of the wave of immigration into Israel in the aftermath of World War II. These survivors were among the first to enter the gates of the new state following its founding in 1948.

In this important addition to our understanding of the social integration of Holocaust survivors into postwar society, Hanna Yablonka draws on a wealth of primary materials such as recently released archival material, letters, newspapers, internal army magazines, and personal interviews, to examine, from all sides, the charged encounters between survivors of the Holocaust and the veteran Jewish population in Israel.

Yablonka details the role the new immigrants played in the War of Independence, their settlement of towns and villages abandoned by Arabs during the war, and the ways in which Israeli society accepted-and often did not accept-them into the armed forces, the kibbutz movements, and the trade unions.

Survivors of the Holocaust illuminates the ways in which Israeli society grew and developed through its emotional and sometimes contentious relations with the arriving survivors and how, against all odds, the survivors of the Holocaust and their offspring became pillars of modern Israeli society.

This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority's inclusion in Europe. The book's central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.

This is the first full history of Operation Breadbasket, the interfaith economic justice program that transformed into Jesse Jackson's Operation PUSH (now the Rainbow PUSH Coalition). Begun by Martin Luther King Jr. during the 1966 Chicago Freedom Movement, Breadbasket was directed by Jackson. Author Martin L. Deppe was one of Breadbasket's founding pastors. He digs deeply into the program's past to update the meager narrative about Breadbasket, add details to King's and Jackson's roles, and tell Breadbasket's little-known story. Under the motto "Your Ministers Fight for Jobs and Rights," the program put bread on the tables of the city's African American families in the form of steady jobs. Deppe details how Breadbasket used the power of the pulpit to persuade businesses that sought black dollars to also employ a fair share of blacks. Though they favored negotiations, Breadbasket pastors also organized effective boycotts, as they did after one manager declared that he was "not about to let Negro preachers tell him what to do." Over six years, Breadbasket's efforts netted forty-five hundred jobs and sharply increased commerce involving black-owned businesses. Economic gains on Chicago's South Side amounted to $57.5 million annually by 1971. Deppe traces Breadbasket's history from its early "Don't Buy" campaigns through a string of achievements related to black employment and black-owned products, services, and businesses. To the emerging call for black power, Bread basket offered a program that actually empowered the black community, helping it engage the mainstream economic powers on an equal footing. Deppe recounts plans for Breadbasket's national expansion; its sponsored business expos; and the Saturday Breadbasket gatherings, a hugely popular black-pride forum. Deppe shows how the program evolved in response to growing pains, changing alliances, and the King assassination. Breadbasket's rich history, as told here, offers a still-viable model for attaining economic justice today.

Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today's world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants' rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants' country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.

In 2011, political protests sprang up across the world. In the Middle East, Europe, Latin America, the United States unlikely people sparked or led massive protest campaigns from the Arab Spring to Occupy Wall Street. These protests were made up of educated and precariously employed young people who challenged the legitimacy of their political leaders, exposed a failure of representation, and expressed their dissatisfaction with their place in the aftermath of financial and economic crisis.This book interrogates what impacts-if any-this global protest cycle had on politics and policy and shows the sometimes unintended ways it continues to influence contemporary political dynamics throughout the world. Proposing a new framework of analysis that calls attention to the content and claims of protests, their global connections, and the responsiveness of political institutions to protest demands, this is one of the few books that not only asks how protest movements are formed but also provides an in-depth examination of what protest movements can accomplish. With contributions examining the political consequences of protest, the roles of social media and the internet in protest organization, left- and right-wing movements in the United States, Chile's student movements, the Arab Uprisings, and much more this collection is essential reading for all those interested in the power of protest to shape our world.

In The Right to Parody: Comparative Analysis of Free and Fair Speech, Amy Lai examines the right to parody as a natural right in free speech and copyright, proposes a legal definition of parody that respects the interests of rights holders and accommodates the public's right to free expression, and describes mechanisms to ensure that parody will best serve this purpose. Combining philosophical inquiry with robust legal analysis, the book draws upon examples from the United States, Canada, the United Kingdom, France, and Hong Kong. While it caters to scholars in intellectual property and constitutional law, as well as free speech advocates, it is written in a non-specialist language designed to appeal to any reader interested in how the boom in online parodies and memes relates to free speech and copyright.

During the 1990s and early 2000s in Europe, more than fifty historical commissions were created to confront, discuss, and document the genocide of the Holocaust and to address some of its unresolved injustices.Amending the Past offers the first in-depth account of these commissions, examining the complexities of reckoning with past atrocities and large-scale human rights violations. Alexander Karn analyzes more than a dozen Holocaust commissions-in Germany, Switzerland, France, Poland, Austria, Latvia, Lithuania, and elsewhere- in a comparative framework, situating each in the context of past and present politics, to evaluate their potential for promoting justice and their capacity for bringing the perspectives of rival groups more closely together. Karn also evaluates the media coverage these commissions received and probes their public reception from multiple angles. Arguing that historical commissions have been underused as a tool for conflict management, Karn develops a program for historical mediation and moral reparation that can deepen democratic commitment and strengthen human rights in both transitional regimes and existing liberal states.