This edited volume revisits the idea of the Western Hemisphere. First articulated by Arthur P. Whitaker in 1954 but with origins in the earlier work of Herbert E. Bolton, it is the idea that "the peoples of this Hemisphere stand in a special relationship to one another which sets them apart from the rest of the word" (Whitaker, 1954). For most scholars of US-Latin American relations, this is a curious concept. They often conceptualize US-Latin American relations through the prism of realism and interventionism. While this volume does not deny that the United States has often acted as an imperial power in Latin America, it is unique in that it challenges scholars to re-think their preconceived notions of inter-American relations and explores the possibility of a common international society for the Americas, especially in the realm of international relations. Unlike most volumes on US-Latin American relations, the book develops its argument in an interdisciplinary manner, bringing together different approaches from disciplines including international relations, global and diplomatic history, human rights studies, and cultural and intellectual history.

The Social Practice of Human Rights bridges the conventional scholar-practitioner divide by focusing on the space in between. The volume brings together cutting-edge chapters that together set a new agenda for research, grounded in the practice of critical self-reflection on the strategies that drive communities dedicated to the advocacy and implementation of human rights. The social practice of human rights takes place not in front of a judge, but in the streets and alleys, in the backrooms and out-of-the-way places where change occurs. Contributors to this volume investigate the contexts and efforts of activists and professionals devoted to promoting human rights norms. This research takes as its subject the organizations and movements that shoulder the burden of improving respect for human dignity. It argues that through a constructive critique of these patterns and practices, scholarship can have a positive impact on the political world.

Jacoby provides a comprehensive social history of the abortion abolition campaign from its beginnings following "Roe v. Wade" through the 1996 elections. She explores the abortion abolition effort historically, sociologically, theologically, and politically, arguing for a deepened understanding of American abortion opponents.

The history of the abortion abolition effort in America is examined through three different approaches to the understanding of collective behavior. Beginning with the immediate post-"Roe" period, the movement is explored as a Catholic moral crusade, and Jacoby analyzes why Catholic Americans were particularly prone to such activity as well as why otherwise theologically compatible Protestants were not. She then examines the effort as a major social movement beginning around 1980. Finally, the late-1980s development of direct action activity, most notably in the form of Operation Rescue, is viewed in light of its connection to the theology and expectations of religious revivalism. In her conclusions, Jacoby provides a new model for understanding faith-based political action. Students, teachers, and the general public will find this book a thorough, comprehensive, and accessible examination of the movement.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other 'subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as "gender-based crimes". It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as they concern hate speech, obscenity, and pornography. They have called for changes in Supreme Court doctrine in defining the First Amendment and have argued that the traditional view of free speech actually creates and perpetuates a society in which the weak--women, minorities, the poor--have no voice. While recognizing their fears, Nicholas Wolfson argues that it is impossible to separate bad speech from good speech without fatally compromising the uniquely American concept of free speech, and that efforts to modify our concept of free speech for a greater egalitarian good can only result in undue state influence over private speech. In a keenly argued analysis, he finds that, in the end, the preservation of free and vigorous speech requires a strong First Amendment protection for even the most hateful of speech.

This book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people's vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country's national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.

This engaging narrative chronicles the history of the immigration to America from the 1600s to the present. The author offers an in-depth exploration of the American immigration experience, including why people emigrated, what they left behind, and what they found when they arrived. He also delves into the immigrants' unique contributions to the history and culture of the nation. The book examines the legal and social aspects of immigration, beginning with the founding of Jamestown in 1607 through the 1994 passage of Proposition 187 in California. Also featured are a brief chronology of immigration and the biographies of 45 important figures in American immigration history. The text is enhanced with photos, illustrations, and political cartoons, and a detailed bibliography is also included.

With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.

In this enlightening and insightful monograph, John B. Hatch analyzes various public discourses that have attempted to address the racialized legacy of slavery, from West Africa to the United States, and in doing so, proposes a rhetorical theory of reconciliation. Recognizing the impact both of religious traditions and modern social values on the dialogue of reconciliation, Hatch examines these influences in tandem with contemporary critical race theory. Hatch explores the social-psychological and ethical challenges of racial reconciliation in light of work by Mark McPhail, Kenneth Burke, Paul Ricoeur, and others. He then develops his own framework for understanding reconciliation-both as the recovery of a coherent ethical grammar and as a process of rhetorical interaction and hermeneutic reorientation through apology, forgiveness, reparations, symbolic healing, and related genres of reparative action. What emerges from this work is a profound vision for the prospects of meaningful redress and reconciliation in American race relations.

This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.

This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)

"Choice" Outstanding Academic Title 2003

.,."A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States."
--" Political Science Quarterly"

.,."A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect.
-- "Trial"

"Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade."
--"New York Law Journal"

"In this truly fascinating and spellbinding work, Ball tells many tales."
-- "Choice"

Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself.

For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

Martin Luther King Jr exercised a tremendous degree of influence in a movement that between 1955 and 1965 successfully dismantled a system of legalised racial segregation and disfranchisement entrenched for over sixty years in the United States. How did King, who came from a subordinated group within American society, help effect this change? What background, characteristics, abilities and ideas enabled him to do this? Why was King so important in shaping the civil rights movement?

John A. Kirk looks at the sources of King's power in the black community and its relationship to wider American society, focusing particularly on the role of the black church, the philosophy of nonviolence and issues of leadership, whilst paying due attention to the voices of King's critics and detractors and to the limitations of his power. He locates King firmly within the context of other leaders and organisations, voices and opinions, and tactics and ideologies, which made up the movement as a whole.

Fifty years after the Montgomery bus boycott, which launched King's movement leadership, this book moves beyond the all-too-often oversimplified story of King's life and times to provide an innovative analytical framework for understanding the role played by one of the United States' most important historical figures.

John A. Kirk is senior lecturer in US History at Royal Holloway, University of London. He has written extensively on the history of the civil rights movement, including "Redefining the Color Line: Black Activism in Little Rock, Arkansas, 1940 1970" (2002) which won the 2003 J. G. Ragsdale Book Award.""

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.

The African American heritage is interwoven throughout the history of the United States, but few educators are prepared to teach children about the events that shaped the African American experience. Most of the stories about slavery, the days when it was illegal to teach black children to read, and when blacks were not allowed to vote or own land, are part of the remembered oral history of black families. Morgan retells American history from the point of view of the events that effected blacks--the Great Depression, the WPA, and the federal policies that led to current Head Start programs, school integration in the 1950s and the Civil Rights Movement in the 1960s, the War on Poverty, and the IQ controversy. He shows how Aesop and the teachings of Socrates and Aristotle established the philosophical traditions perpetuated by the great black educators, W.E.B. DuBois and Booker T. Washington, with the purpose of providing black children with a better understanding of their heritage, their importance in American history, and their place in the world.

This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: "Claudio Corradetti's book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... ." (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010)

View the Table of Contents.
Read the Introduction.

"Choice Magazine" Outstanding Academic Titles 2005 Winner

"[William's] theory is elegant in its explication and provocative in its implications for government restrictions on speech ranging from the hateful, the symbolic, the politically subversive, and the costly. A must read."--"Choice," A 2005 "Choice" Outstanding Academic Title

"Meticulously argued and clearly organized, her account of free speech is both fundamentally feminist and optimistic."--"The Law and Politics Book Review"

"What emerges from this well-written work of careful scholarship is an important contribution to free speech literature."
--Frederick Schauer, John F. Kennedy School of Government, Harvard University

Amidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech, Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplines--including law, political theory, philosophy, and anthropology--the book develops alternative accounts of truth and autonomy as the foundations for freedom of expression. Building on feminist understandings of self and the social world, Williams argues that both truth and autonomy are fundamentally relational.

With great clarity and insight, Williams demonstrates that speech is the means by which we create rather than discover truth and the primary mechanism through which we tell the stories that constitute our autonomy. She examines several controversial issues in the law of free speech--includingcampaign finance reform, the public forum doctrine, and symbolic speech--and concludes that the legal doctrine through which we interpret and apply the First Amendment should be organized to protect speech that serves the purposes of truth and autonomy.

Australia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different 'types' of action in detail; strike action, whistleblowing and principles disobedience.

Nothing conjures up images of the American frontier and a pick-yourself-up-by-the-bootstraps view of freedom and independence quite like guns. Gun Crusaders is a fascinating inside look at how the four-million member National Rifle Association and its committed members come to see each and every gun control threat as a step down the path towards gun confiscation, and eventually socialism. Enlivened by a rich analysis of NRA materials, meetings, leader speeches, and unique in-depth interviews with NRA members, Gun Crusaders focuses on how the NRA constructs and perceives threats to gun rights as one more attack in a broad liberal cultural war. Scott Melzer shows that the NRA promotes a nostalgic vision of frontier masculinity, whereby gun rights defenders are seen as patriots and freedom fighters, defending not the freedom of religion, but the religion of individual rights and freedoms.

Working with the underlying premise that America's founding principles continue to be vital in the modern era, Erler, Marini, and West take a conservative look at immigration, one of today's most pressing political issues. Character_the capacity to live a life befitting republican citizens_is, as the Founders knew, crucial to the debate about immigration. The Founders on Citizenship and Immigration seeks to revive the issue of republican character in the current immigration debate and to elucidate the constitutional foundations of American citizenship. Published in cooperation with the Claremont Institute.

Barack Obama flipped the script on more than three decades of conventional wisdom when he openly embraced hip hop-often regarded as politically radioactive-in his presidential campaigns. Just as important was the extent to which hip hop artists and activists embraced him in return. This new relationship fundamentally altered the dynamics between popular culture, race, youth, and national politics. But what does this relationship look like now, and what will it look like in the decades to come? The Hip Hop & Obama Reader attempts to answer these questions by offering the first systematic analysis of hip hop and politics in the Obama era and beyond. Over the course of 14 chapters, leading scholars and activists offer new perspectives on hip hop's role in political mobilization, grassroots organizing, campaign branding, and voter turnout, as well as the ever-changing linguistic, cultural, racial, and gendered dimensions of hip hop in the U.S. and abroad. Inviting readers to reassess how Obama's presidency continues to be shaped by the voice of hip hop and, conversely, how hip hop music and politics have been shaped by Obama, The Hip Hop & Obama Reader critically examines hip hop's potential to effect social change in the 21st century. This volume is essential reading for scholars and fans of hip hop, as well as those interested in the shifting relationship between democracy and popular culture. Foreword: Tricia Rose, Brown University Afterword: Cathy Cohen, University of Chicago