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.

This is a study of a progressive law firm and its three partners. The firm was founded in 1936 and existed until the death of one partner in 1965. The partners were harassed by the FBI primarily for defending labor union members and leaders and the defense of both. The firm's primary client was Harry Bridges, the long term President on the International Longshoreman's and Warehouseman's Union (ILWU). The irony was that the more the FBI persecuted labor unions, the more business the firm had from those harassed by the FBI. During this time the FBI was primarily interested in controlling the Communist Party. While the clients of the firm were sometimes Communists, the law partners were not Communist Party members. In both of these ways the FBI was wasting its time in persecuting this firm. Although the primary data used involved existing records (for example all of the partners had extensive FBI files), we also interviewed colleagues and relatives of the partners.

The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative methods, and documentary research and so on. The research findings can be described briefly as follows: Chinese wisdom has played an important role in achieving a common standard for the establishment of the international human rights system, which can be seen by exploring P. C. Chang's contributions to the drafting of the UDHR. The target readers are global scholars and students in law, politics, philosophy, international relations, human rights law, legal history, religion and culture. This book will enable these potential readers to have a vivid picture of the Chinese contributions to the international human rights regime and to have a better understanding of the significance of the traditional Chinese culture and P. C. Chang's human rights philosophy of pluralism.

This book examines a stringent problem of current migration societies-whether or not to extend citizenship to resident migrants. Undocumented migration has been an active issue for many decades in the USA, and became a central concern in Europe following the Mediterranean migrant crisis. In this innovative study based on the basic principles of transnational citizenship law and the naturalization pattern around the world, Matias purports that it is possible to determine that no citizen in waiting should be permanently excluded from citizenship. Such a proposition not only imposes a positive duty overriding an important dimension of sovereignty but it also gives rise to a discussion about undocumented migration. With its transnational law focus, and cases from public international law courts, European courts and national courts, Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship may be applied to virtually anywhere in the world.

This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

Why do people turn to personal connections to get things done? Exploring the role of favors in social welfare systems in postwar, postsocialist Bosnia and Herzegovina, this volume provides a new theoretical angle on links between ambiguity and power. It demonstrates that favors were not an instrumental tactic of survival, nor a way to reproduce oneself as a moral person. Instead, favors enabled the insertion of personal compassion into the heart of the organization of welfare. Managing Ambiguity follows how neoliberal insistence on local community, flexibility, and self-responsibility was translated into clientelist modes of relating and back, and how this fostered a specific mode of power.

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.

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.

The academy is in crisis. Students call for speakers to be banned, books to be slapped with trigger warnings and university to be a Safe Space, free of offensive words or upsetting ideas. But as tempting as it is to write off intolerant students as a generational blip, or a science experiment gone wrong, they've been getting their ideas from somewhere. Bringing together leading journalists, academics and agitators from the US and UK, Unsafe Space is a wake-up call. From the war on lad culture to the clampdown on climate sceptics, we need to resist all attempts to curtail free speech on campus. But society also needs to take a long, hard look at itself. Our inability to stick up for our founding, liberal values, to insist that the free exchange of ideas should always be a risky business, has eroded free speech from within.

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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.

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.

This book describes the potential and challenges of cosmopolitanism from a philosophical and historical point of view. Through the prism of cosmopolitanism, this book considers how the recent surge in migration is affecting our current reality, while also taking stock of the contemporary potential of cosmopolitan ideas. It considers and compares the significance of religion and culture for the wider societal acceptance or rejection of refugees. Moreover, the book examines the European Court of Human Rights jurisprudence on immigration policies, non-refoulement, humanitarian law and gender. It presents empirically based research of a quantitative, qualitative and comparative nature regarding the determinants of attitudes towards cosmopolitanism and more generally concerning public opinion on migration issues, and reflects on conceptions of and attitudes towards citizenship, while also imagining new forms of citizenship. This book serves as a comprehensive overview and resource for migration scholars from the social sciences and the humanities, as well as students and other stakeholders in the fields of migration and human rights.

Children's Rights and Moral Parenting offers systematic treatment of a variety of issues involving the intersection of the rights of children and the moral responsibility of parents. Mark C. Vopat offers a theory of the relationship between children, parents, and the state that can be applied to the real life decisions that parents are often in the position to make on behalf of their children. In many instances, our current view of parental "rights" has granted parents far more discretion than is morally warranted. Vopat arrives at this conclusion by carefully considering the unique status children have; socially, legally, and morally in most western societies. Children's Rights and Moral Parenting is essentially contractualist in the Rawlsian tradition. While it may appear counterintuitive to speak of children in terms of the social contract tradition, there is much this approach can do to provide some conceptual clarity to the nature of the relationship between children, parents and the state. The overarching theme of the book is the moral independence of children from extreme forms of parental and, at times, social control. The objective of the book is to provide an argument for extending the range of things owed to children, as well as making the case for fully including children in the moral community.

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.

Winner of the Bancroft Prize Winner of the David J. Langum Prize Winner of the OAH Liberty Legacy Foundation Award A New York Times Book Review Editors' Choice "This extraordinary book is a powerful addition to the history of travel segregation...Mia Bay shows that Black mobility has always been a struggle." -Ibram X. Kendi, author of How to Be an Antiracist "In Mia Bay's superb history of mobility and resistance, the question of literal movement becomes a way to understand the civil rights movement writ large." -Jennifer Szalai, New York Times "Traveling Black is well worth the fare. Indeed, it is certain to become the new standard on this important, and too often forgotten, history." -Henry Louis Gates, Jr., author of Stony the Road From Plessy v. Ferguson to #DrivingWhileBlack, African Americans have fought to move freely around the United States. But why this focus on Black mobility? From stagecoaches and trains to buses, cars, and planes, Traveling Black explores when, how, and why racial restrictions took shape in America and brilliantly portrays what it was like to live with them. Mia Bay rescues forgotten stories of passengers who made it home despite being insulted, stranded, re-routed, or ignored. She shows that Black travelers never stopped challenging these humiliations, documenting a sustained fight for redress that falls outside the traditional boundaries of the civil rights movement. A riveting, character-rich account of the rise and fall of racial segregation, it reveals just how central travel restrictions were to the creation of Jim Crow laws-and why free movement has been at the heart of the quest for racial justice ever since.

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.

'Through her courageous resistance, she has, for a moment, drawn global attention to the ongoing struggle of Saudi women. The striking image of a young woman, wielding nothing but a cellphone, facing down the force of an oppressive government is an apt metaphor for this fraught moment in Saudi Arabia's history.' THE WASHINGTON POST A gripping true story of bravery and sacrifice by a young woman whose escape from Saudi Arabia captivated the world. In early 2019, after more than a year of careful planning, Rahaf Mohammed boarded a plane and finally escaped from Saudi Arabia. If caught, she was sure she would be killed, like other rebel women who had tried to flee her country's oppressive regime. But the eighteen-year-old only made it as far as Bangkok before her passport was taken away. It was a trick, and soon she found herself trapped, barricaded in a hotel room. As men pounded on her door, the teenager decided to reach out to the world on Twitter - and the world answered. Her account gained forty-five thousand followers overnight and offered her a vital lifeline. This was Rahaf's chance at a new life, the one she had dreamed of. Now Rahaf tells her remarkable story for the first time and reveals the dystopian reality of what life is like for women within Saudi Arabia. From the guardianship system, which places unmarried women under the full control of their male relatives, to the secretive online underground network of Saudi runaways plotting their escape, Rebel is a gripping memoir of resistance and bravery by a woman determined to tell the truth about life in the closed kingdom.

This book traces the mobilization process leading up to the January 25 Uprising, and furthers our understanding of the largely unexpected diffusion of protest during this Egyptian Revolution. Focusing on the role of the so-called "Cairo-based political opposition," this study strongly suggests a need to pay closer attention to the complexity and contingent nature of such large-scale protest episodes. Building on interviews with activists, employees of NGOs in the human rights advocacy sector, and journalists, this in-depth single case study reveals how different movement organizations in the Egyptian prodemocracy movement had long, and largely unsuccessfully, tried to mobilize support for socio-political change in the country. Against this backdrop, the book illustrates how a coalition of activists sought to organize a protest event against police brutality in early 2011. The resulting protests on January 25 surprised not only the regime of Hosni Mubarak, but also the organizers.

‘I invite you to be courageous and get comfortable with being uncomfortable, because any discomfort you feel is temporary and pales in comparison to what black and brown people often have to experience on a daily basis. Are you ready?  The Good Ally is an urgent call to arms to become better allies against racism and provides a thoughtful approach, centering collective healing, to do so. It is a book for those against persistent racial injustice, hungry to expand their knowledge and understanding of systemic racism in Britain and beyond. It uncovers the roots of racism and its birthplace, anti-Blackness. It is for those who not only want to be able to better recognise both subtle and overt forms of racism in action, to examine their powerful role in it, but who want to know what to do about it. The answer often lies within. The Good Ally is the answer to ‘what next?’

Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal�, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

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.

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.