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This revised and updated casebook comprehensively compares the U.S.
legal approach to problems of inequality and discrimination with
the approaches of a variety of other legal systems around the
world, including those in Europe, South Africa, China, Colombia,
India and Brazil. This book provides an introduction to theories of
equality and sources of equality law, and examines inequality and
discrimination based on gender, race, ethnicity, sexual orientation
and identity, religion and disability. Key features: Extensive
chapter notes add critical context to areas of developing law
Analysis of a range of sources: each chapter includes case law,
treaty law, statutory law, regulatory law and legal scholarship A
comparative problem-based approach, using concrete issues of
inequality and discrimination to help students focus on real world
concerns Examination of key contested topics such as marriage
inequality, the rights of persons with disabilities, affirmative
action, reproductive rights, employment discrimination and hate
speech A supplementary online course with additional content and
guidance for both students and instructors is available through
Stanford Law School. Written in a thorough yet accessible style and
with contributions from leading international legal scholars, this
casebook is ideal for lecture courses, seminars and summer programs
in equality and anti-discrimination in law schools, as well as
undergraduate courses in law, political science and sociology.
Contributors include: D. Allen, P.L. Cherian, D. Collier, J.
Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S.
Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang,
W. Zhou
This revised and updated casebook comprehensively compares the U.S.
legal approach to problems of inequality and discrimination with
the approaches of a variety of other legal systems around the
world, including those in Europe, South Africa, China, Colombia,
India and Brazil. This book provides an introduction to theories of
equality and sources of equality law, and examines inequality and
discrimination based on gender, race, ethnicity, sexual orientation
and identity, religion and disability. Key features: Extensive
chapter notes add critical context to areas of developing law
Analysis of a range of sources: each chapter includes case law,
treaty law, statutory law, regulatory law and legal scholarship A
comparative problem-based approach, using concrete issues of
inequality and discrimination to help students focus on real world
concerns Examination of key contested topics such as marriage
inequality, the rights of persons with disabilities, affirmative
action, reproductive rights, employment discrimination and hate
speech A supplementary online course with additional content and
guidance for both students and instructors is available through
Stanford Law School. Written in a thorough yet accessible style and
with contributions from leading international legal scholars, this
casebook is ideal for lecture courses, seminars and summer programs
in equality and anti-discrimination in law schools, as well as
undergraduate courses in law, political science and sociology.
Contributors include: D. Allen, P.L. Cherian, D. Collier, J.
Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S.
Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang,
W. Zhou
This book focuses on anti-discrimination law in order to identify
commonalities and best practices across nations. Almost every
nation in the world embraces the principle of equality and
non-discrimination, in theory if not in practice. As the authors'
expert contributions establish, the sources of the principle vary
considerably, from international treaties to religious law,
traditions and more. There are many approaches to methods of
enforcement and other variables, but the principle is nearly
universal. What does a comparison of the laws and approaches across
different lands reveal? Readers may explore the enforcement and
effectiveness of anti-discrimination law from 25 nations, across
six continents. Esteemed authors examine national, regional and
international systems looking for common and best practices,
identifying innovative approaches to long-standing problems. The
many ways that anti-discrimination law is enforced are brought to
light, from criminal or civil prosecution through to community
resolution processes, amongst others. Through comparing the
approaches of different lands, the authors consider which methods
of enforcement are effective. These enriching national and
international perspectives highlight the need for more creative,
concrete and coordinated means of enforcement to ensure the
effectiveness of anti-discrimination law, regardless of the legal
tradition concerned, but in light of these traditions. Readers will
find each nation remarkable, and learn something new and
interesting from each report.
This book focuses on anti-discrimination law in order to identify
commonalities and best practices across nations. Almost every
nation in the world embraces the principle of equality and
non-discrimination, in theory if not in practice. As the authors'
expert contributions establish, the sources of the principle vary
considerably, from international treaties to religious law,
traditions and more. There are many approaches to methods of
enforcement and other variables, but the principle is nearly
universal. What does a comparison of the laws and approaches across
different lands reveal? Readers may explore the enforcement and
effectiveness of anti-discrimination law from 25 nations, across
six continents. Esteemed authors examine national, regional and
international systems looking for common and best practices,
identifying innovative approaches to long-standing problems. The
many ways that anti-discrimination law is enforced are brought to
light, from criminal or civil prosecution through to community
resolution processes, amongst others. Through comparing the
approaches of different lands, the authors consider which methods
of enforcement are effective. These enriching national and
international perspectives highlight the need for more creative,
concrete and coordinated means of enforcement to ensure the
effectiveness of anti-discrimination law, regardless of the legal
tradition concerned, but in light of these traditions. Readers will
find each nation remarkable, and learn something new and
interesting from each report.
In an updated new edition of this classic work, a team of highly
respected sociologists, political scientists, economists,
criminologists, and legal scholars scrutinize the resilience of
racial inequality in twenty-first-century America. Whitewashing
Race argues that contemporary racism manifests as discrimination in
nearly every realm of American life, and is further perpetuated by
failures to address the compounding effects of generations of
disinvestment. Police violence, mass incarceration of Black people,
employment and housing discrimination, economic deprivation, and
gross inequities in health care combine to deeply embed racial
inequality in American society and economy. Updated to include the
most recent evidence, including contemporary research on the
racially disparate effects of the Covid-19 pandemic, this edition
of Whitewashing Race analyzes the consequential and ongoing legacy
of "disaccumulation" for Black communities and lives. While some
progress has been made, the authors argue that real racial justice
can be achieved only if we actively attack and undo pervasive
structural racism and its legacies.
"In "Whitewashing Race, an impressive and diverse group of scholars
launch an empirically grounded assault on the vast body of
colorblind orthodoxy. The authors harness a medley of disciplinary
perspectives into a cogent argument about racial stratification
accompanied by a set of practical racial justice policy options.
Their aim is both simple and ambitious: to reinvigorate a moribund
debate by marshalling their collective intellectual resources to
demonstrate that the conservative consensus on race is neither
morally sustainable nor logically defensible."--Lani Guinier,
coauthor of "The Miner's Canary: Enlisting Race, Resisting Power,
Transforming Democracy"This powerful book disposes of the claim, so
often heard, that America has solved its race problem and can now
be 'color-blind.' Based on hard facts, it shows how we must
work--for the sake of all of us--to give Black Americans the
reality of equal opportunity."--Anthony Lewis, author of "Gideon's
Trumpet"An essential book. Americans have always worked hard at
burying our racial truths, thereby leaving half-truths, myths and
raw bigotry to continue their brutal work on our most vulnerable
citizens. The authors cauterize these terrible wounds with
prodigious research and brilliant insights. Their work is a great
service to justice and to our country."--Roger Wilkins, author of
"Jefferson's Pillow: The Founding Fathers and the Dilemma of Black
Patriotism"For many years conservative scholars and think tanks
have been trying to convince the American public that racism is
dead and that race-specific policies, such as affirmative action,
cannot be justified and are in fact detrimental. To a great extent
they have succeeded in makingostensible 'color-blindness' the
dominant test of law and policy affecting racial minorities. Now at
last we have the definitive response to this argument. It comes
from seven distinguished scholars from a range of disciplines who
believe that race must be taken into account if we are ever to get
beyond racism. With massive evidence, much of it quantitative, they
blast conservative color-blindness to smithereens, showing that it
really functions as a formula to perpetuate racial inequality. No
one concerned with racial justice in America can afford to ignore
this book."--George M. Fredrickson, author of "Racism: A Short
History""Whitewashing Race is the most important social science
statement on race in more than a decade. It lays bare the expressly
conservative, ideological, and deeply flawed analyses of those
pundits pressing for 'color-blind' social policy. With lucid prose
and truly definitive scholarship, Brown, Wellman, and colleagues
thoroughly debunk the reigning conservative consensus. Anyone who
cares about racial justice and the fate of the American Dream
should read this vitally important book."--Lawrence D. Bobo, editor
of "Prismatic Metropolis: Inequality in Los Angeles"Far from
writing a collection of essays, the authors of "Whitewashing Race
have collaborated to produce a brilliant, seamless book on
America's deepest divide. Framed as a response to conservative
analysts who claim that racial problems are essentially solved, the
book provides an authoritative overview of how the nation's two
principal races still remain sharply apart by every social
measure."--Andrew Hacker, author of "Two Nations: Black and White,
Separate, Hostile, Unequal"In today's political climate, even the
most well-meaning liberal tends to believe that institutional
racism is a thing of the past and that we've truly achieved a
color-blind society. "Whitewashing Race makes a powerful case that
racism is still with us. Relying on solid evidence rather than
polemics, the authors have amassed an overwhelming body of data to
show the persistence of racism in the job and housing market,
education, the criminal justice system, and the political arena. If
we ever have a real 'national conversation' on race, "Whitewashing
Race ought to be mandatory reading."--Robin D. G. Kelley, author of
"Freedom Dreams
The press in the United States is freer than in any other country
in the world, and virtually any in history. American courts give
critics of society and government extraordinary freedom to
disseminate views that are unpopular, subversive, and even hateful.
How did freedom of the press evolve over the centuries, what values
does American press freedom claim to serve today, and what
challenges will this right face in the twenty-first century? These
are some of the important questions addressed in this scholarly but
accessible volume on one of our most important freedoms guaranteed
by the First Amendment. Award-winning legal scholar Garrett Epps
has selected significant historical and contemporary articles in
addition to a sampling of key cases on freedom of the press in this
outstanding collection. Beginning with a history of the idea of
press freedom in England and America, he includes classic essays by
John Milton, Thomas Jefferson, and John Stuart Mill, among others.
A selection of landmark cases follows, which span the twentieth
century and include such major issues as censorship vs. national
security, reporters' protected sources, the definition of
obscenity, and other issues. A section of contemporary essays
includes contributions by Justice Hugo Black, Justice Potter
Stewart, Alexander Meiklejohn, Robert Bork, and others. In
conclusion, Epps offers brief selections from other cultures on
freedom of the press and he examines the unprecedented challenges
to a free press in the twenty-first century from a global Internet
culture that allows information to cross all borders and makes the
definition of journalism fuzzy.
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