Author: Ellen Berrey
Publisher: University of Chicago Press
Release Date: 2017-06-22
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author: Lee Walzer
Release Date: 2002-01
An in-depth examination of the relationship between gay rights, public opinion, and legislation since the late 1800s. * Introductory essay covers issues from the changing notions of morality and the law to the various sides in gay rights disputes * Contains edited excerpts of key legal documents such as Bowers v. Hardwick (1986), in which the Supreme Court upheld the constitutionality of state laws prohibiting homosexual conduct
Author: Richard Price
Publisher: University of Pennsylvania Press
Release Date: 2012-01
Genre: Social Science
Rainforest Warriors is a historical, ethnographic, and documentary account of a people, their threatened rainforest, and their successful attempt to harness international human rights law in their fight to protect their way of life--part of a larger story of tribal and indigenous peoples that is unfolding all over the globe. The Republic of Suriname, in northeastern South America, contains the highest proportion of rainforest within its national territory, and the most forest per person, of any country in the world. During the 1990s, its government began awarding extensive logging and mining concessions to multinational companies from China, Indonesia, Canada, and elsewhere. Saramaka Maroons, the descendants of self-liberated African slaves who had lived in that rainforest for more than 300 years, resisted, bringing their complaints to the Inter-American Commission on Human Rights. In 2008, when the Inter-American Court of Human Rights delivered its landmark judgment in their favor, their efforts to protect their threatened rainforest were thrust into the international spotlight. Two leaders of the struggle to protect their way of life, Saramaka Headcaptain Wazen Eduards and Saramaka law student Hugo Jabini, were awarded the Goldman Prize for the Environment (often referred to as the environmental Nobel Prize), under the banner of "A New Precedent for Indigenous and Tribal Peoples." Anthropologist Richard Price, who has worked with Saramakas for more than forty years and who participated actively in this struggle, tells the gripping story of how Saramakas harnessed international human rights law to win control of their own piece of the Amazonian forest and guarantee their cultural survival.
Author: Justine Lacroix
Publisher: Cambridge University Press
Release Date: 2018-05-31
Genre: Political Science
The first systematic analysis of the arguments made against human rights from the French Revolution to the present day. Through the writings of Edmund Burke, Jeremy Bentham, Auguste Comte, Louis de Bonald, Joseph de Maistre, Karl Marx, Carl Schmitt and Hannah Arendt, the authors explore the divergences and convergences between these 'classical' arguments against human rights and the contemporary critiques made both in Anglo-American and French political philosophy. Human Rights on Trial is unique in its marriage of history of ideas with normative theory, and its integration of British/North American and continental debates on human rights. It offers a powerful rebuttal of the dominant belief in a sharp division between human rights today and the rights of man proclaimed at the end of the eighteenth century. It also offers a strong framework for a democratic defence of human rights.
Author: Charles L. Zelden
Release Date: 2002-01-01
Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. * A timeline giving the history of voting rights from 1619, when Virginia planters voted for the first time, to 2000, when the Supreme Court invalidated Florida's recount process, which ultimately determined the outcome of the election * Excerpts of key legal documents including Reynolds v. Sims (one person, one vote) and Bush v. Gore (debate over nationalization of voting rights)
Author: Paul Lermack
Publisher: Associated Faculty Pr Inc
Release Date: 1983-06-01
This text explains the Supreme Court's selective incorporation opinions of 1961-1969 and the result of the broadening of the Bill of Rights on state criminal law. The author views the emergence of a cooperative federalism.
Author: Elizabeth Frost-Knappman
Publisher: Gale Group
Release Date: 1997
Genre: Political Science
For a unique look at the history of women's rights through 101 court cases, dating from colonial times to the present, consult this fascinating reference. The authors explore each trial through a two-part entry. The first presents the major facts of each trial at a glance, including plaintiff, defendant, lawyers and decision. The second sketches the events of the trial, its impact and historical significance of the legal issues involved.
Author: Casey Charles
Release Date: 2003
A riveting account of the custody battle over car-crash victim Sharon Kowalski vividly addresses gay rights and the right to die in a case that has become a flashpoint for discussions of homosexual rights in America. (Social Science)
Using edited transcripts of testimony, recreates the trial of John Tinker and two other students who were suspended from school for protesting the Vietnam War, and invites the reader to act as judge and jury.
Author: Katherine Turk
Publisher: University of Pennsylvania Press
Release Date: 2016-05-23
In 1964, Title VII of the Civil Rights Act outlawed workplace sex discrimination, but its practical meaning was uncertain. Equality on Trial examines how a generation of workers and feminists fought to infuse the law with broad notions of sex equality, reshaping workplaces, activist channels, state agencies, and courts along the way.