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: 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: 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.
Publisher: Council of Europe
Release Date: 2000-01-01
Genre: Constitutional law
The right to a fair trial is a fundamental element of legal systems. Guaranteed by national constitutions and the European Convention on Human Rights, it ensures the effectiveness of law against arbitrary acts of the authorities. The reports which appear in this volume were presented in Brno, at a seminar on European constitutional heritage, in which judges from constitutional courts and other equivalent bodies from approximately 20 countries participated. They show the convergence of approaches, in Europe and on other continents, and the universal nature of rights protected by a fair trial.
Author: Ryan Goss
Publisher: Bloomsbury Publishing
Release Date: 2014-09-11
The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
Author: Brian A. Blum
Publisher: Aspen Publishers Online
Release Date: 2006-01-01
To keep pace with the recent major changes in bankruptcy law, noted author Brian Blum presents a completely revised edition of his popular study guide, BANKRUPCTY AND DEBTOR/CREDITOR: Examples & Explanations. This comprehensive paperback is well known for its effectiveness in helping students understand the many rules, principles, and policies of the area. The book earns the loyalty of both students and instructors for its: distinguished authorship from Brian Blum, who has written other successful titles in the Examples & Explanations Series and is a recognized master of the method time-tested examples and explanations that clarify potentially confusing material exceptionally clear and engaging writing organization and coverage that tracks the leading casebooks in Bankruptcy and Debtor/Creditor Law problems that allow students to test their understanding of the law The Fourth Edition responds to the 2005 Bankruptcy Act: the Fourth Edition will be updated to reflect changes in bankruptcy law since 2004, and will concentrate particularly on changes made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. the entire text is revised to correspond to current practice new and updated examples and explanations focus on areas of change new cases illustrate key points BANKRUPTCY AND DEBTOR/CREDITOR LAW: Examples & Explanations, Fourth Edition, provides the extra help students need to master fundamental concepts in this dynamic area. Be sure to recommend this timely and dependable study guide to your next class.
Author: Mahnaz Afkhami
Publisher: Syracuse University Press
Release Date: 1995
Genre: Political Science
Papers chiefly presented at a conference titled "Religion, culture, and women's human rights in the Muslim world," held Sept. 9-10, 1994 at the American University in Washington, D.C., and sponsored by Sisterhood Is Global Institute.