As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles-relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

Migrants have, for some time, engaged in the politics of their homelands from a distance, but, as this book argues, politicians are increasingly looking beyond their national boundaries for electoral and political support. While migrants rarely cast decisive votes in homeland elections, they are not marginal to homeland politics. Courting Migrants looks at how extraterritorial outreach by homeland states and parties alters the boundaries of political membership and intersects with migrant agency to transform politics at home. It addresses three specific questions: under what conditions and in what ways do homeland authorities reach out to migrants? How do these migrants respond? And, to what extent does their response affect homeland governance? Katrina Burgess argues that globalization and the spread of democracy since the 1970s have encouraged politicians in the Global South to reach out to migrants in search of economic resources, foreign policy support, and/or electoral advantage. They do so by cultivating feelings of loyalty that induce some kinds of migrant engagement while discouraging others. Whether or not these politicians succeed depends on where migrants are located, how many resources they have, what kinds of identities they value, and why they left their homeland in the first place. This interaction between outreach and engagement has implications, in turn, for how migrants are responding to the current wave of populism and authoritarianism around the globe. The book is based on in-depth research on state-migrant relations in four high-migration countries: Turkey, Dominican Republic, Philippines, and Mexico.

This book explores the potential responsibilities to respect, protect and fulfill international human rights law (IHRL) of a particular class of non-state actors: non-governmental organizations (NGOs). It calls for NGOs pursuing development to respect and fulfill the human right of genocide survivors to reparative justice in Rwanda. It argues that NGOs have social and moral responsibilities to respect and fulfill IHRL, and for greater accountability for them to do so. The book focuses on those NGOs advancing development in a post genocide transitional justice context acting simultaneously in partnership with state governments, as proxies and agents for these governments, and providing essential public goods and social services as part of their development remit. It defines development as a process of expanding realization of social, economic, and cultural rights addressing food security, economic empowerment/poverty reduction, healthcare, housing, education, and other fundamental human needs while integrating these alongside the expansion of freedoms and protections afforded by civil and political rights. It uses post genocide Rwanda as a case study to illustrate how respect and fulfillment of the IHRL pertaining to reparative justice are hindered by failing to hold NGOs responsible for IHRL. Consequently, this results in discrimination against, marginalization, and the disadvantaging of survivors of the Rwandan genocide against the Tutsi and violations of their human rights.

This book is about people whose beliefs and affiliations have opposed powerful interests in the present-day United States. This eclectic group of people and controversial issues, from climate-change scientists who have been censored by the Bush administration to Muslims accused of terrorism, have one thing in common. All of them straddle the limits of what Noam Chomsky has called permissible debate as defined by dominant political and economic institutions and individuals. The central thesis is that restriction of free inquiry is harmful to our culture because it inhibits the search for knowledge. Johansen presents case studies in the borderlands of free speech in a Jeffersonian cast-an intellectual framework assuming that open debate-even of unpopular ideas-is essential to accurate perception of reality. This book is about people whose ideological circumstances have found them opposing established beliefs in our times-scholars advocating the Palestinian cause in a very hostile intellectual environment, for example, as well as climate scientists defending themselves against the de-funding of their laboratories by defenders of fossil-fuel interests; opponents of creation science under assault for teaching what once was regarded as household-variety biology (a.k.a. Darwinism); Marxists in a political system dominated by neoconservatives. The central thesis that unites this diverse array of controversies is that shutting down free inquiry-most notably for points of view deemed unpopular-dumbs us all down by restraining the search for knowledge, which demands open inquiry. We have been told when going to war, as in Iraq, that freedom isn't free, the unstated assumption being that our armed forces are fighting and dying to safeguard our civil rights at home and abroad. During recent years, however, freedom to inquire and debate without retribution has been under assault in the United States. This assault has been carried out under a distinctly Orwellian cast, under Newspeak titles such as the Patriot Act, parts of which might as well be described more honestly as the Restriction of Freedom of Inquiry Act. The information gathered here will interest (and probably anger) anyone who is concerned with protecting robust, free inquiry in a nation that takes seriously its freedom to speak out, and to define truth through open debate.

Although many scholars have studied terrorism, few scholars have ever studied terrorism from the aspect of its initial origins in social movements. Not only is research concerning this phenomenon outdated, but there has also been no consensus as to what causes terrorism. Many contemporary terrorist organizations were once social movements that formed for a specific purpose using nonviolent tactics to accomplish their agenda. Eventually, terrorist tactics became the method of choice for these once peaceful social movements. Volatile Social Movements and the Origins of Terrorism: The Radicalization of Change, by Christine Sixta Rinehart, focuses on why this transition occurred; why did a peaceful social movement transition to a terrorist organization? The case studies in this book include the Muslim Brotherhood, the ETA, the FARC, and the LTTE. The study focuses on the individual characteristics, group dynamics, and external forces that caused social movements to use terrorist tactics. It is ascertained who made the decision to use terrorism, and why and how that person or group of people ascended to a leadership position within the social movement. After the (person) people, time, and place are found pertaining to the first decision to use terrorism, Sixta Rinehart examines why terrorism became an attractive option for each social movement. Volatile Social Movements and the Origins of Terrorism asks a necessary question for scholars and researchers in counterterrorism and international policy: Under what conditions do social movements resort to the use of terrorist tactics?

'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'-Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.'-Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.

This book offers a unique look into prisons in Iran and the lives of the prisoners and their families. It provides an overview of the history of Iranian prisons, depicts the sub-culture in contemporary Iranian prisons, and highlights the forms that gender discrimination takes behind the prison walls. The book draws on the voices of 90 men and women who have been imprisoned in Iran, interviewed in 2012 and 2017 across various parts of the Islamic Republic of Iran. It presents a different approach to the one proposed by Michel Foucault in Discipline and Punish because the author argues that Iran never experienced "the age of sobriety in punishment" and "a slackening of the hold on the body". Whilst penal severity in Iran has reduced, its scope has now extended beyond prisoners to their families, regardless of their age and gender. In Iran, penalties still target the body but now also affect the bodies of the entire prisoner's family. It is not just prisoners who suffer from the lack of food, clothes, spaces for sleeping, health services, legal services, safety, and threats of physical violence and abuse but also their families. The book highlights the costs of mothers' incarceration for their children. It argues that as long as punishment remains the dominant discourse of the penal system, the minds and bodies of anyone related to incarcerated offenders will remain under tremendous strain. This unique book explores the nature of these systems in a deeply under-covered nation to expand understandings of prisons in the non-Western world.

Courts regularly rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. However, despite the frequent application of such review in practice, important questions about the meaning and value of procedural reasoning arise. Do courts provide sufficient protection of substantive rights when taking a procedural approach? Can they safeguard values of deliberative democracy and the rule of law through procedural reasoning? And can they rely on process-based review to avoid morally sensitive issues and cases concerning hard policy choices? This book engages with such questions with the aim of uncovering the potential and limitations of procedural reasoning in fundamental rights cases. To this end, it first discusses a number of concrete examples of application of this review by various courts. It then develops a context-independent definition of process-based fundamental rights review, which acknowledges the various uses of this type of review. On this basis, the book finally discusses the wide-ranging theoretical debates concerning procedural reasoning and identifies underlying explanations for the different views on the topic. The resulting in-depth and nuanced understanding of process-based fundamental rights review will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.

In the 20 years between 1895 and 1915, two key leaders-Booker T. Washington and W.E.B. Du Bois-shaped the struggle for African American rights. This book examines the impact of their fierce debate on America's response to Jim Crow and positions on civil rights throughout the 20th century-and evaluates the legacies of these two individuals even today. The debate between W.E.B. Du Bois and Booker T. Washington on how to further social and economic progress for African Americans lasted 20 years, from 1895 to Washington's death in 1915. Their ongoing conversation evolved over time, becoming fiercer and more personal as the years progressed. But despite its complexities and steadily accumulating bitterness, it was still, at its heart, a conversation-an impassioned contest at the turn of the century to capture the souls of black folk. This book focuses on the conversation between Washington and Du Bois in order to fully examine its contours. It serves as both a document reader and an authored text that enables readers to perceive how the back and forth between these two individuals produced a cacophony of ideas that made it anything but a bipolar debate, even though their expressed differences would ultimately shape the two dominant strains of activist strategy. The numerous chapters on specific topics and historical events follow a preface that presents an overview of both the conflict and its historiographical treatment; evaluates the legacies of both Washington and Du Bois, emphasizing the trajectories of their theories beyond 1915; and provides an explanation of the unique structure of the work. Offers a fresh exploration of the fascinating conversations and controversies between two of the most important African American leaders in history Provides an in-depth exploration of these two important leaders' perspectives and views on America's response to Jim Crow and civil rights that leads to significant new conclusions about historical information Presents the words of DuBois, Washington, and their allies as a conversation that enables readers to better understand the big-picture story of these two scholars

In 1934, Commissioner of Indian Affairs John Collier began a series of "congresses" with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. For the first time, the reservation Indian was asked for input in the structuring of American Indian relations with federal and state government and law. In The Indian Reorganization Act, Vine Deloria, Jr., has compiled the actual historical records of those congresses.

Deloria makes available important documents of the premier years of reform in federal Indian policy as well as the bill itself. A version of Collier's act eventually passed Congress, but in a less far-reaching form. Nevertheless, a new concept of self-government had emerged, one that now defines the federal government's approach to American Indian policy and that has changed forever the way American Indians define themselves.

The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

This eye-opening collection of documents ranging from the pre-Christian era to the present explores the undeniable power of social, political, and religious dissent throughout history and around the world.
Voices of Protest is an inspiring and comprehensive look at the meaning of protest throughout history, in democratic and nondemocratic societies. It is also a rousing confirmation that individual and community action matters and has great influence.
Collected here are more than 300 documents-- essays, letters, newspaper articles, court decisions, song lyrics, poetry, cartoons, and more-- that represent seven main categories of protest: Civil Rights; National Self- Determination; Economic Justice; Environmental Conservation; Religious Freedom and Morality; Peace and War; and International Political Freedoms.
A small sampling of the entries includes Seneca Falls Declaration of Women's Rights; Fidel Castro's anti- American writings protesting cultural domination; John Muir's essay " The American Forests"; and Martin Luther King, Jr.'s letter from a Birmingham jail. The editors have framed the documents with concise original commentary that places each selection in a political, historical, and social context.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research - one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

Using the Nation of Islam as a vehicle, but largely through his own dedication, energy, and intelligence, Malcolm X became an indefatigable Black leader during the 1960s. This encyclopedic volume examines one of the most controversial and heroic leaders of the 20th century. Over 500 essays discuss how Malcolm X affected the world in which he lived and how the influence of people, issues, and events shaped his development as an international figure.

With more than 70 contributors from black studies, history, political science, sociology, philosophy, education, journalism, and psychology, the encyclopedia combines the knowledge of a precise group of writers. Addressing a major social, religious, and political figure through their own disciplines, these authors flesh out both the diversity and the complexity of the world that defined Malcolm X.

The percentage of women aged 15-49 in Egypt who have undergone the procedure of female circumcision, or genital mutilation/cutting (FGM/C) stands at 91%, according to the latest research carried out by UNICEF. Female circumcision has become a global political minefield with 'Western' interventions affecting Egyptian politics and social development, not least in the area of democracy and human rights. Maria Frederika Malmstrom employs an ethnographic approach to this controversial issue, with the aim of understanding how female gender identity is continually created and re-created in Egypt through a number of daily practices, and the central role which female circumcision plays in this process. Viewing the concept of 'agency' as critical to the examination of social and cultural trends in the region, Malmstrom explores the lived experiences and social meanings of circumcision and femininity as narrated by women from Cairo. It is through the examination of the voices of these women that she offers an analysis of gender identity in Egypt and its impact on women's sexuality.

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. In a time when national interests are structurally overvalued and borders increasingly strengthened, it's a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the 'migration crisis'-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands This book is essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK

Puerto Rico's colonial relationship with the United States and its history of intermixture of native, African, and Spanish inhabitants has prompted inconsistent narratives about race and power in the colonial territory. Departing from these accounts, early twentieth-century writers, journalists, and activists scrutinized both Puerto Rico's and the United States's institutionalized racism and colonialism in an attempt to spur reform, leaving an archive of oft-overlooked political writings. In Seams of Empire, Carlos Alamo-Pastrana uses racial imbrication as a framework for reading this archive of little-known Puerto Rican, African American, and white American radicals and progressives, both on the island and the continental U.S. By addressing the concealed power relations responsible for national, gendered, and class differences, this method of textual analysis reveals key symbolic and material connections between marginalized groups in both national spaces and traces the complexity of race, racism, and conflict on the edges of empire.

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

This book offers a new look at the legal and cultural implications of bequests that crossed the color line. ""Fathers of Conscience"" examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law.Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues - over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.