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Despite hundreds of federal laws and U.S. Supreme Court decisions prohibiting discrimination based on sex and race, American women and people of color continue to face pervasive individual and structural discrimination. Women often lack equal pay for equal work, affordable childcare, and paid family medical leave. Following the overturning of Roe vs. Wade, safe, legal abortion has become inaccessible in approximately half the country, disproportionately impacting poor women. Women and people of color are underrepresented in elected offices at the federal and state levels, and the voting rights of people of color continue to be eroded. Employing a public administration framework, Social Equity in a Post-Roe America documents the scope and breadth of inequality in the United States, linking social equity to sex, race, and the rule of law.This insightful and provocative new book examines U.S. Supreme Court decisions and federal statutes across four public policy domains that increasingly influence U.S. democracy and impact the lives of American women. These policy domains consist of political representation, which includes citizenship and voting rights, contraception, abortion, and employment. Social Equity in a Post-Roe America offers policy recommendations to increase equitable access and equal opportunity for women and people of color. It is required reading for all students of public administration, public policy, and political science, as well as for engaged citizens.

National Security Law: Principles and Policy, Third Edition provides a highly accessible but also comprehensive and timely supplement for students studying national security law. This concise treatise is a guide to the legal foundations and architecture that frame the exercise of key national security powers: diplomatic, intelligence, information, military, economic, and criminal. The authors explain essential legal and policy sources and principles that play an essential role in guiding the development, implementation, and review of national security policies. Central to the text is explanation of constitutional text, judicial opinions, statutes, treaties and other sources of international law, and policies. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market.New to the Third Edition: The January 6, 2021 occupation of the U.S. Capitol New developments in executive power, cybersecurity, and artificial intelligence Benefits for instructors and students: Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law Chapters suitable as stand-alone sources for class assignments, allowing professors to substitute treatise-type treatment for primary sources where desired Incorporation of contemporary national security issues, to provide comprehensive illustrations of key laws and concepts A solid foundation for students, to facilitate focusing topical coverage on case studies and/or current events An easily accessible resource to efficiently enhance understanding of complex national security law topics Extensive use of historic examples of the impact of national security law and policy on actual national security decisions Reinforcement of the understanding of core law competencies such as federalism, separation of powers, justiciability, criminal procedures, criminal law, and statutory interpretation

A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme Court In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case. These cases include Morse v. Frederick, which takes up the competing fears of school administrators'loss of authority and students'loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one's reputation. Next, they investigate parents'anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens. Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.

In Every Hard Sweetness, Carter-Jones chronicles Civil Rights'era atrocities through the story of her family's experience with an all-too-common practice in which Black men were wrongfully incarcerated in institutions for the criminally insane. The result is a stunning work reflecting on race, criminalization, and the devastating consequences of a Black father's incarceration on his psyche and family, specifically his Black daughter. Told through a mixture of photography, ekphrasis, and erasure, Carter-Jones'powerful collection creates an extraordinary record of her family's life at a time of great suffering and upheaval.

Race, Law, and the Struggle for Racial Equality in the U.S. examines how the American legal system has legitimized and institutionalized racism, from slavery to Jim Crow segregation to the modern-day era of mass incarceration. This book, the first of its kind, has evolved from the author's own experiences of both teaching race and the law for many years and practicing Civil Rights Law for over two decades. The text employs a novel interdisciplinary approach through primary source materials; archival records, photographs, and maps; and statutes and cases, to show how the judicial, executive, and legislative branches of the U.S. have deployed the law for racial control and to foster systemic racism in the areas of education, property and housing, criminal system, and voting rights. This study of race and law provides the historical and contemporary meaning of race and racism and explores the difference between justice and law; identifies the role of race and racism in early U.S. history and in the nation's governing documents; explains how the legal system has historically limited access to citizenship, education, property and housing, and voting rights for African Americans; describes the epidemic of mass incarceration, its stakeholders and its collateral consequences; and, most importantly, guides students to be compassionate lawyers, committed to creating a more just and merciful society. Benefits for instructors and students: The text, based on the curriculum of a race law course that has been taught for over 10 years, examines and connects historical and contemporary legal issues in the areas of education, property and housing, the criminal legal system, and voting rights Rich primary historical materials provide deep exploration of the connection of the law and racism, from past to present A wide variety of photographs, maps, and illustrations provide real examples and context Detailed background stories put cases and excerpts in vivid context The text includes explanations of the origin of race and the different manifestations of racism The author's riveting writing style will be of high interest to students A bibliography provides an overview of the challenges faced by African Americans during the struggles for voting rights—from slavery, to post-reconstruction and Jim Crow restrictions, to the Voting Rights Act of 1965, to U.S. Supreme Court cases and constitutional constraints The text features a full treatment of the origin, the legal history of affirmative action, and the 2023 affirmative action decision of Students for Fair Admissions, Inc. v. University of North Carolina and Harvard University

These are the architects of the modern civil rights movement: 4 profiles of revolutionary groups making change beyond protestA radically different approach to sustaining social justice movements—4 strategies for abolition and liberation from the new architects of the modern civil rights movementMany of us think, I don't support the police. But what should take their place? Or: Prisons don't keep us safe. But what new systems could?A lot of books about racial justice ask us how we got here, but Reimagining the Revolution is different: award-winning journalist and activist Paula Lehman-Ewing presents an inside-access look at the activists redefining where we go from here. Readers will hear from:Ivan Kilgore, an incarcerated activist who founded the 501c3 nonprofit United Black Family Scholarship Foundation from behind prison wallsCritical Resistance, one of the oldest grassroots organizations in the nation working to dismantle the prison-industrial complexThe co-founders of Greenwood, a Black-owned financial technology institution designed specifically for Black and Latino people and businesses: Michael Render, aka Killer Mike, Amb. Andrew Young and Ryan GloverIncarcerated activist Heshima Denham on his grassroots efforts to build a society for Black and Brown people independent of the state The Movement for Black Lives, the Alliance for Safety and Justice, BYP 100, and 8toAbolitionIncarcerated and formerly incarcerated artists using art to heal from trauma, connect with other incarcerated people, and amplify abolitionist changeLehman-Ewing frames each profile within two fundamental truths: The current system—built and sustained by oppression, extraction, and inequity by design—cannot be reformed. And, knowing this, we need abolition; we need creative solutions designed by the people most impacted by the systems they fight to change. Reimagining the Revolution is a call to action for each of us: if we can access the tools we have, we can dream bigger, think outside the box, and follow the paths laid out by change-making activists toward nothing short of revolution.

Excellent balance of case excerpts and author explanation, highly appropriate for undergraduate students. —Dr. Wendy Brame, Briar Cliff University Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, the ebb and flow of public opinion, and especially the ideological and behavioral inclinations of the justices all combine to shape the development of constitutional doctrine. Drawing from political science as much as from legal studies, Constitutional Law for a Changing America: A Short Course helps students realize that Supreme Court cases are more than just legal names and citations. With meticulous revising, the authors streamline material while accounting for recent landmark cases and new scholarship. Ideal for a one semester course, the Ninth Edition of A Short Course offers all the hallmarks of the Rights and Powers volumes (also included in the Constitutional Law for a Changing America series) in a more condensed format. Included with this title: LMS Cartridge: Import this title's instructor resources into your school's learning management system (LMS) and save time. Don't use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site.

Die Grundrechte bauen auf einem binären System von Mensch und Staat auf. Der Mensch ist in diesem System grundsätzlich durch die Verfassung geschützt, der Staat muss dessen Rechte achten. Grundrechtsverpflichtung und -berechtigung stellen nach dem Konfusionsargument zwei sich grundsätzlich gegenseitig ausschließende Pole dar. Doch juristische Personen sind weder Mensch noch Staat und stören, seitdem sie existieren, das System des binär aufgebauten Verfassungsrechts. Julia Weitensteiner arbeitet die Antworten heraus, die das Bundesverfassungsgericht und der US Supreme Court in ihrer Rechtsprechung in den letzten 200 Jahren auf die Fragen der Grundrechtsberechtigung von juristischen Personen gefunden haben. Anschließend hinterfragt sie, ob die traditionellen binären Muster des Verfassungsrechts wirklich so zwingend sind, und stellt die jeweiligen Lösungen in den Rechtssystemen Deutschlands und der USA anhand der Methode des Rechtsvergleichs und auch mit Blick auf neue digitale Akteure im Verfassungsrecht auf den Prüfstand.

Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers'understanding of the nature of these procedures, this book examines both the Constitution's relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass'n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers'interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding

The author argues that we the people's rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation's elected representatives based on the judges'political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people's right to be governed by majoritarian rule

Legal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law.Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

In contemporary constitutional politics, Section 1 of the Fourteenth Amendment—which includes the citizenship, privileges and immunities, due process, and equal protection clauses—is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing “rebel rule” by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War.In this first of three planned volumes for the University Press of Kansas's Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War.Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an'etcetera clause.'It states that there are other rights beyond those specifically listed:'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.'Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or'Baby Ninth Amendments,'worded similarly to the Ninth Amendment. This book is the story of how the'Baby Ninths'came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an'etcetera, etcetera'at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights'retained by the people'that these'etcetera clauses'are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

In the first work of its kind, Incorporation of the Bill of Rights provides a detailed account of the Supreme Court's application of federal rights to the state level. Approaching the Bill of Rights amendment by amendment and right by right, Gary Bugh's content analysis of Court opinions reveals what justices regard as the incorporation status and most relevant case for each right. Along with finding that the Court has incorporated nearly the entire Bill of Rights, Professor Bugh offers new insights into unincorporated rights and addresses the judiciary's various theoretical defenses for protecting civil liberties from state infringement. This definitive inventory of incorporated rights is essential for law and government teachers and practitioners at all levels of government. •••'In addition to specific amendments to the Constitution, the Supreme Court has a long history of incorporating certain rights and extending them to the states. In this careful and thoughtful study, Gary Bugh covers this development with clear and fascinating detail. A major contribution to our understanding of constitutional law and an important resource for scholars, attorneys, and judges.'—Louis Fisher, Visiting Scholar at the William and Mary Law School •••'In this meticulously researched book, Professor Bugh individually examines each of the rights listed in the first eight amendments to the U.S. Constitution. He further indicates whether the Supreme Court has incorporated each right into the Due Process Clause of the Fourteenth Amendment and, if so, when it did. It is quite helpful and convenient to have this information assembled in a single place and with such attention to detail, including relevant case citations.'—John Vile, Dean and Professor of Political Science at Middle Tennessee State University •••'Incorporation of the Bill of Rights is the essential guide to which federal protections the U.S. Supreme Court has extended to the state level. Professor Gary Bugh provides an invaluable service with his detailed content analysis of justices'written opinions. The multiple essays of the book, each one covering a single right, offer a unique approach to understanding the topic, including the relationships between justices'theoretical defenses and incorporation rulings. Teachers, students, and legal professionals will find the book a reliable source about incorporation for years to come.'—Donald Gooch, Associate Professor of Political Science at Stephen F. Austin State University

Intended for use with the authors'forthcoming casebook, Race, Racism, and American Law, Seventh Edition (forthcoming 2023), Race, Racism, and American Law: Leading Cases and Materials includes significant historical and contemporary cases and materials edited with an aim to foreground the most relevant sections and passages to illustrate the crucial role of race in the formation of US law. This new edition of Derrick Bell's groundbreaking textbook Race, Racism, and American Law, like prior versions, eschews a traditional casebook format. The locus of analysis in this text is the struggle for racial justice, and its underlying history and political context as reflected in the ongoing contestation over law, legal reform, and transformation. As such the supplement includes but is not limited to Supreme Court cases. We follow Bell's model of locating all edited cases and materials in the supplement, reserving the book's text to provide historical and political context for significant cases or legislative actions, along with hypothetical questions, comments, and other tools of analysis. Professors and students will benefit from:Both legal and non-legal primary source material.Leading Cases and Materials includes selected historical and contemporary cases, legislation, and other legal materials that foreground the crucial role of race and racism, and the struggle for racial justice, within and through US law. A carefully selected compilation of United States Supreme Court Cases. Each case is chosen to guide readers through elements of US jurisprudence which reflect both reform and retrenchment of societal inequity as it relates to the question of race. Cases range from significant 18th century cases such as Johnson v. McIntosh (1823) (indigenous people cannot transfer full title to land) to contemporary civil rights decisions such as Brnovich v. Democratic National Committee (2021) (further limiting the reach of the Voting Rights Act) and Comcast v. National Association of African American Owned Media (2020) (limiting protections against racial discrimination in contracting). Doctrinally and theoretically significant cases from lower federal courts and state courts. Cases from lower courts are selected to provide critical race insights into how judicial institutions outside the US Supreme Court shape doctrine and debates over race and racial inequality. Cases range from Acre v. Douglass (9th Cir. 2015) (ban on teaching of Mexican American studies found unconstitutional) to Lobato v. Taylor (Colo. 2003) (speculator attempts to divest Mexican American landowners with defective title derived from Mexico). Significant legislative and executive legal documents. This supplement includes materials going beyond traditional edited cases, reflecting the insight that a critical race analysis necessitates a grasp of law beyond the courts. Additional materials range from the United States Department of Justice Investigation of the Ferguson Police Department (2015) to the George Floyd Justice in Policing Act of 2020. Benefits for instructors and students: Provokes discussion on contemporary and historical legal controversies cases and materials edited to address issues the lens of critical race theory's conceptual framework

The primary source documents on this page highlight pivotal moments in the course of American history or government. They are some of the most-viewed and sought-out documents in the holdings of the National Archives. Contents: Lee Resolution (1776) Declaration of Independence (1776) Articles of Confederation (1777) Treaty of Alliance with France (1778) Treaty of Paris (1783) Virginia Plan (1787) Northwest Ordinance (1787) Constitution of the United States (1787) President George Washington's First Inaugural Speech (1789) Federal Judiciary Act (1789) Bill of Rights (1791) Marbury v. Madison (1803)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful Advanced Introduction provides a kaleidoscopic overview of key US civil liberties, including freedom of speech, press, assembly, and religion, limitations on search and seizure, due process in criminal proceedings, autonomy rights, rights of equality, and democratic participation. Key Features: Discusses the historical development and current status of core civil libertiesExamines the tension between libertarian and egalitarian views of civil libertiesPromotes further understanding of the role of the US Supreme Court and other actors in setting levels of protection for civil libertiesProvides an overview of common themes in development and interpretation of constitutionally protected civil liberties in multiple areas, including abortion Featuring examples of how key civil liberties have been shaped by historical, legal, and philosophical forces, this Advanced Introduction will be essential reading for students and scholars in American studies, history, human rights, law and politics, and political science.

This is a unique collection of U.S. Government legal documents that shaped and built the American democracy. From the Declaration of Independence to the Civil Rights Act of 1968, this collection contains 40 most important acts and decisions which forged the legal system and democratic principles of USA: Declaration of Independence (1776) U.S. Constitution (1787) Bill of Rights (1791) Amendments (1792-1991) The Federalist Papers (1787-1788) Marbury v. Madison (1803) The Louisiana Purchase Treaty (1803) Treaty of Ghent (1814) Monroe Doctrine (1823) Treaty of Guadalupe Hidalgo (1848) Emancipation Proclamation (1863) Gettysburg Address (1863) The Civil Rights Act of 1866 Treaty of Fort Laramie/Sioux Treaty (1868) The Enforcement Act of 1870 The Second Enforcement Act of 1871 (Ku Klux Klan Act of 1871) Civil Rights Act of 1875 Interstate Commerce Act (1887) Dawes Act (1887) Sherman Anti-Trust Act (1890) Plessy v. Ferguson (1896) Keating-Owen Child Labor Act of 1916 (1916) President Woodrow Wilson's 14 Point Program (1918) National Industrial Recovery Act (1933) Social Security Act (1935) Lend-Lease Act (1941) Brown v. Board of Education (1954) Civil Rights Act of 1957 Civil Rights Act of 1960 Establishment of the Peace Corps (1961) Test Ban Treaty (1963) Equal Pay Act of 1963 Civil Rights Act of 1964 Tonkin Gulf Resolution (1964) Heart of Atlanta Motel, Inc. v. United States (1964) Voting Rights Act (1965) Loving v. Virginia (1967) Civil Rights Act of 1968 Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978

'A heroic narrative.'—One of The New Yorker's Best Books of 2023'A detailed examination of... the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists.'—The New York Times Book ReviewA deeply researched legal drama that documents this landmark First Amendment ruling—one that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists'attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove'actual malice'or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.

Constitutional Rights: Cases in Context, Fourth Edition by Randy E. Barnett and Josh Blackman places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. It presents the highly engaging story that is American constitutional law. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. The readings are long enough to help students understand the arguments, yet short enough not to overwhelm them. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Student are encouraged to think about recurring foundational principles and debates. The text is accompanied by an in-depth Teacher's Manual and an annual case supplement. New to the Fourth Edition: New unit on Criminal Procedure cases taught from the perspective of constitutional law. Integrated with twelve-hour video library that brings Supreme Court cases to life Includes decisions from the Roberts Court through June 2021 Professors and student will benefit from: An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court's most important decisions to life. This “split” can be used for Constitutional Law II (Rights) courses. The splits sell for half the price of the hardcover casebook. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term.

When Americans conceptualize freedom, they often disproportionately focus on negative freedom, or freedom from government constraint-being told what they cannot say, which religion they cannot practice, where they cannot move, etc. By this measure, Americans are remarkably free. However, such a conceptualization of freedom is incomplete without including notions of positive freedom--possession of agency, to be able to think and act autonomously in pursuit of one's desired life. Positive freedom unlocks agency through more than the absence of something, but the presence of something else--the conditions which enable people's development of their abilities and access to crucial resources and opportunities. If we measure the freedom of Americans by positive freedom measures, we are falling behind our perceived status. In On Inequality and Freedom, a diverse group of authors discuss how a variety of contemporary American inequalities-from racial, economic, and gender, to health, environmental, and political inequalities-actually limit American freedom, regardless of how much negative freedom we possess. This book provides readers with a deeper understanding of what true freedom is and concrete steps toward restoring it.

As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states'rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.

A renowned political philosopher updates his classic book on the American political tradition to address the perils democracy confronts today.The 1990s were a heady time. The Cold War had ended, and America's version of liberal capitalism seemed triumphant. And yet, amid the peace and prosperity, anxieties about the project of self-government could be glimpsed beneath the surface.So argued Michael Sandel, in his influential and widely debated book Democracy's Discontent, published in 1996. The market faith was eroding the common life. A rising sense of disempowerment was likely to provoke backlash, he wrote, from those who would “shore up borders, harden the distinction between insiders and outsiders, and promise a politics to ‘take back our culture and take back our country,'to ‘restore our sovereignty'with a vengeance.”Now, a quarter century later, Sandel updates his classic work for an age when democracy's discontent has hardened into a country divided against itself. In this new edition, he extends his account of America's civic struggles from the 1990s to the present. He shows how Democrats and Republicans alike embraced a version of finance-driven globalization that created a society of winners and losers and fueled the toxic politics of our time.In a work celebrated when first published as “a remarkable fusion of philosophical and historical scholarship” (Alan Brinkley), Sandel recalls moments in the American past when the country found ways to hold economic power to democratic account. To reinvigorate democracy, Sandel argues in a stirring new epilogue, we need to reconfigure the economy and empower citizens as participants in a shared public life.

The Dark Side of Reform: Exploring the Impact of Public Policy on Racial Equity contains nine chapters on the development of social policies with the potential to advance racial equity. In addition to studying these policies and their implications, the chapters in this volume demonstrate how lessons from the past can be used to inform the direction of current discussions. At the heart of these conversations are concerns about whether Black people, in particular, will receive the full benefit of transformative laws that may emerge in the coming years. The volume also offers recommendations on implementing policies that address the unique concerns of structurally disadvantaged communities with particular emphasis on Black and Latinx people.

Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court.Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students'understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs.Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges.

This collection incorporates the crucial democratic principles on which our identity as Americans is based. From the Declaration of Independence to the Civil Rights Act of 1968, this edition contains 40 most important decisions and acts that shaped the legal system and democracy of the USA. Table of Contents: Declaration of Independence (1776) U.S. Constitution (1787) Bill of Rights (1791) Amendments (1792-1991) The Federalist Papers (1787-1788) Marbury vs Madison (1803) The Louisiana Purchase Treaty (1803) Treaty of Ghent (1814) Monroe Doctrine (1823) Treaty of Guadalupe Hidalgo (1848) Emancipation Proclamation (1863) Gettysburg Address (1863) The Civil Rights Act of 1866 Treaty of Fort Laramie/Sioux Treaty (1868) The Enforcement Act of 1870 The Second Enforcement Act of 1871 (Ku Klux Klan Act of 1871) Civil Rights Act of 1875 Interstate Commerce Act (1887) Dawes Act (1887) Sherman Anti-Trust Act (1890) Plessy v. Ferguson (1896) Keating-Owen Child Labor Act of 1916 (1916) President Woodrow Wilson's 14 Point Program (1918) National Industrial Recovery Act (1933) Social Security Act (1935) Lend-Lease Act (1941) Brown vs. Board of Education (1954) Civil Rights Act of 1957 Civil Rights Act of 1960 Establishment of the Peace Corps (1961) Test Ban Treaty (1963) Equal Pay Act of 1963 Civil Rights Act of 1964 Tonkin Gulf Resolution (1964) Heart of Atlanta Motel, Inc. v. United States (1964) Voting Rights Act (1965) Loving v. Virginia (1967) Civil Rights Act of 1968 Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978

A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Civil liberties enable people to speak their minds and to express their displeasure at certain laws or actions from the government. However, they are also sometimes endangered. This volume analyzes the most important civil liberties, examining ways the law may threaten or uplift them. It highlights the people involved in making sure liberties are protected when needs arise. Sidebars, annotated quotes from experts, and critical thinking questions help readers develop a comprehensive understanding of civil liberties in modern society. They will form their own opinions about basic freedoms, shaping themselves into more active, intelligent citizens.

Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students'understanding of how the U.S. Constitution protects civil rights and liberties. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.

This book examines the threat of domestic terrorism in the wake of the attack on the U.S. Capitol on January 6, 2021. It discusses whether or not participants and their actions may be categorized as domestic terrorists and domestic terrorism, respectively, and issues around designating domestic fringe groups, such as the Boogaloo Bois and Proud Boys who were allegedly involved in the attack, as terrorist organizations.

Whether you are a prosecutor or a defense attorney, a thorough understanding of the many procedural issues in a case can mean the difference between a conviction and an acquittal or an affirmance or reversal on appeal. This guide by Brent Newton comprehensively examines the major topics in constitutional criminal procedure with a pragmatic view that gets to the heart of each matter quickly and cogently. It includes a summary to every significant decision of the United States Supreme Court that impacts constitutional criminal procedure. This text also highlights many of constitutional procedural issues that the United States Supreme Court has not yet addressed and reviews the extensive treatment these issues have received in the lower federal and state courts. Written for law students, criminal defense attorneys, and prosecuting attorneys, the Fourth Edition of Practical Criminal Procedure helps legal professionals understand complex criminal legal issues in context and how legal issues commonly arise in real-world litigation. New to the 4th Edition: The fourth edition includes practical analysis of many new Supreme Court decisions that significantly have changed many aspects of constitutional criminal procedure, including: Fourth Amendment cases, including Kansas v. Glover (2019); Carpenter v. United States (2018); Collins v. Virginia (2018); and Byrd v. United States (2018) Double Jeopardy cases, including Gamble v. United States (2019) Cases addressing the Sixth Amendment right to counsel, including Ramos v. Louisiana (2020) Sixth Amendment right to counsel cases, including McCoy v. Louisiana (2018) and Garza v. Idaho (2019) Sentencing cases, including McKinney v. Arizona (2020) Federal habeas corpus cases, including Wilson v. Sellers (2018)

Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College--a Constitutional accommodation for slaveholding aristocrats who feared popular government--has twice in 20 years given the presidency to the candidate who lost the popular vote. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy.

When they go low, we learn: an examination of mudslinging in contemporary American politics—and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse—a technique not invented by but certainly refined by Donald Trump—and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

What are individual rights? What is freedom? How are they related to each other? Why are they so crucial to human life? How do you protect them? These are some of the questions that A Declaration and Constitution for a Free Society answers. The book uses Objectivist philosophy—the philosophy of Ayn Rand—to analyze subjective, intrinsic, and objective theories of rights and show why rights and freedom are objective necessities of human life. This knowledge is then used to make changes to the Declaration of Independence and U.S. Constitution. Through these changes, the book shows the fundamental legal requirements of a free society and why we should create such a society. It demonstrates why a free society is morally, politically, and economically beneficial to human beings.

What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country's rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we'll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty.

An eminent constitutional scholar reveals how our approach to rights is dividing America, and how we can build a better system of justice: “Incisive.” —Publishers WeeklyFinalist, American Association of Publishers Prose AwardYou have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun.Rights are a sacred part of American identity. Yet they're also the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them.As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders'original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans'rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America's original vision of rights, while updating them to confront the challenges of the twenty-first century.“It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.” —from the foreword by Jill Lepore, New York Times–bestselling author of These Truths: A History of the United States“A superb stylist [with] an eye for the withering zinger.” —The Washington Post Book World“A provocative argument for more humility and listening, and less arrogance and dogmatism... Perfectly timed and passionately presented.” —Cass R. Sunstein, author of How Change Happens

This book guides civil rights lawyers-and informs judges, legislators, and academics-in the effective use of international law in U.S. federal and state cases. The author highlights many concrete areas in which international law can enhance human rights protection both in the U.S. and abroad, such as: Death penalty Lethal force by police and military authorities Extraterritorial privacy protection Gay and lesbian rights Government liability for foreseeable harm Compensation for unintentional false imprisonment. This eminently practical approach-based on model briefs developed for and used by leading U.S. civil rights lawyers and organizations-presents an extremely rare treatment of international human rights law. Published under the Transnational Publishers imprint.

Leading legal lights weigh in on key issues of race and the law—collected in honor of one of the originators of critical race theory “Penetrating essays on race and social stratification within policing and the law, in honor of pioneering scholar Derrick Bell.” —Kirkus Reviews (starred review) When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife founded a lecture series with leading scholars, including critical race theorists, many of them Bell's former students. Now these lectures, given over the course of twenty-five years, are collected for the first time in a volume Library Journal calls “potent” and Kirkus Reviews, in a starred review, says “powerfully acknowledge[s] the persistence of structural racism.” “To what extent does equal protection protect?” asks Ian Haney López in a penetrating analysis of the gaps that remain in our civil rights legal codes. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund, describes the hypersegregation of our cities and the limits of the law's ability to change deep-seated attitudes about race. Patricia J. Williams explores the legacy of slavery in the law's current constructions of sanity. Anita Allen discusses competing privacy and accountability interests in the lives of African American celebrities. Chuck Lawrence interrogates the judicial backlash against affirmative action. And Michelle Alexander describes what caused her to break ranks with the civil rights community and take up the cause of those our legal system has labeled unworthy. Race, Rights, and Redemption (which was originally published in hardcover under the title Carving Out a Humanity) gathers some of our country's brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium. With contributions by: Michelle Alexander Anita Allen Derrick Bell Stephen Bright Paul Butler John Calmore Devon W. Carbado William Carter Jr. Emma Coleman Jordan Richard Delgado Annette Gordon-Reed Jasmine Gonzales Rose Lani Guinier Cheryl I. Harris Ian Haney López Sherrilyn Ifill Charles Lawrence Kenneth W. Mack Mari Matsuda Charles Ogletree Angela Onwuachi-Willig Theodore M. Shaw Kendall Thomas Patricia J. Williams Robert A. Williams

America is at a pivotal crossroads. The soul of our nation is at stake and in peril. A new public narrative is needed to unite Americans around common values and to counter the increasing discord and acrimony in our politics and culture. The process of healing and creating a more perfect union in our nation must start now. The moral vision of Martin Luther King Jr.'s Beloved Community, which animated and galvanized the civil rights movement of the 1950s and 1960s, provides a hopeful way forward.In A More Perfect Union, Adam Russell Taylor, president of Sojourners, reimagines a contemporary version of the Beloved Community that will inspire and unite Americans across generations, geographic and class divides, racial and gender differences, faith traditions, and ideological leanings. In the Beloved Community, neither privilege nor punishment is tied to race, gender, religion, sexual orientation, or economic status, and everyone is able to realize their full potential and thrive. Building the Beloved Community requires living out a series of commitments, such as true equality, radical welcome, transformational interdependence, E Pluribus Unum ('out of many, one'), environmental stewardship, nonviolence, and economic equity. By building the Beloved Community we unify the country around a shared moral vision that transcends ideology and partisanship, tapping into our most sacred civic and religious values, enabling our nation to live up to its best ideals and realize a more perfect union.

Speaking Out of Place helps us find value and inspiration in others who have made change in the world where such things were not supposed to be possible.From protests in sports arenas to sonic transgressions of racist boundaries, to protest camps and covert collaborations with imprisoned people, and environmental activism based on Indigenous notions of justice. We learn how to “re-place” education, circumvent pundits, and recall judges. And we learn to defend our home—the planet.Speaking Out of Place asks us to reconceptualize both what we think “politics” is, and our relationship to it. Especially at this historical moment, when it is all too possible we will move from Trump's fascistic regime to Biden's anti-progressive centrism, we need ways to build off the tremendous growth we have seen in democratic socialism, and to gather strength and courage for the challenges, and opportunities that lie ahead.

The prominent constitutional law scholar's fascinating (and yes, mind-boggling) argument that we don't need the Constitution after all For some, to oppose the Constitution is to oppose the American experiment itself. But leading constitutional scholar Louis Michael Seidman argues that our founding document has long passed its “sell-by” date. It might sound crazy, but Seidman's arguments are both powerful and, well, convincing. As Seidman shows, constitutional skepticism and disobedience have been present from the beginning of American history, even worming their way into the Federalist Papers. And, as Seidman also points out, no one alive today has agreed to be bound by these rules. In From Parchment to Dust, Seidman offers a brief history of the phenomenon of constitutional skepticism and then proceeds to a masterful takedown of our most cherished, constitutionally enshrined institutions and beliefs, from the Supreme Court (“an arrogant elite in robes”), to the very concepts of civil rights, due process, and equal protection—all of which he argues are just pretenses for preserving a fundamentally rigged and inequitable status quo. Rather than rely on the specific wording of a flawed and outdated document, rife with “Madison's mistakes,” Seidman proposes instead a version that better reflects our shared values, and leaves it to people currently alive to determine how these values will play out in contemporary society. From Parchment to Dust is a short, sharp, and iconoclastic book questioning the value (and ultimately the hypocrisy) of embracing the Constitution—which, after all, was written more than 230 years ago—as our moral and political lodestar.

When a class-action lawsuit against the US government results in a billion dollar settlement for the aggrieved parties, you'd expect the story to be headline news...to be posted on social media everywhere... to be adapted to film or even to a popular legal procedural series on TV...So why then have so many people never heard of Pigford vs. Glickman? Or the follow-up lawsuit, Pigford II? Or the Black Farmers Case, as the pair of these legal actions is often called? Could it be that the heart-wrenching story of Black farmers in America, and the monumental legal case that brought long-sought justice to them, is rarely told because it reflects so poorly on the US and its treatment of those whose ancestors helped make the nation an agricultural giant in the first place? Whatever the reason, the time to tell the full story has come and the person to share the gripping details is Greg Francis, one of the lead counsels in the historic case that finally helped Black farmers achieve equity. In Just Harvest, Francis narrates the dramatic twists and turns of the legal battle fought and won, and evidences the many years of ingrained discrimination and racism that preceded it. Awareness of this story makes us all witnesses to the history still unfolding— and while parts of what is recounted herein will enrage you, the hope is that this book will also inspire, inform, and motivate you to join the continuing fight for the rights of all Black farmers now and in the future.

“[A] learned and thoughtful portrayal of the history of race relations in America…authoritative and highly readable…[An] impressive work.”—Randall Kennedy, The Nation“This comprehensive history…reminds us that the fight for justice requires our constant vigilance.”—Ibram X. Kendi“Remarkable for the breadth and depth of its historical and legal analysis…makes an invaluable contribution to our understanding of the US Supreme Court's role in America's difficult racial history.”—Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for EqualityFrom the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court's race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court's race jurisprudence, detailing the development of legal and constitutional doctrine, the justices'reasoning, and the impact of individual rulings.In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country's promise of equal rights for all.

An in-depth look at how U.S. Latino advocacy groups are using ethnoracial demographic projections to bring about political change in the presentFor years, newspaper headlines, partisan speeches, academic research, and even comedy routines have communicated that the United States is undergoing a profound demographic transformation—one that will purportedly change the “face” of the country in a matter of decades. But the so-called browning of America, sociologist Michael Rodríguez-Muñiz contends, has less to do with the complexion of growing populations than with past and present struggles shaping how demographic trends are popularly imagined and experienced. Offering an original and timely window into these struggles, Figures of the Future explores the population politics of national Latino civil rights groups.Based on eight years of ethnographic and qualitative research, spanning both the Obama and Trump administrations, this book investigates how several of the most prominent of these organizations—including UnidosUS (formerly NCLR), the League of United Latin American Citizens, and Voto Latino—have mobilized demographic data about the Latino population in dogged pursuit of political recognition and influence. In census promotions, get-out-the-vote campaigns, and policy advocacy, this knowledge has been infused with meaning, variously serving as future-oriented sources of inspiration, emblems for identification, and weapons for contestation. At the same time, Rodríguez-Muñiz considers why these political actors have struggled to translate this demographic growth into tangible political gain and how concerns about white backlash have affected how they forecast demographic futures.Figures of the Future looks closely at the politics surrounding ethnoracial demographic changes and their rising influence in U.S. public debate and discourse.

In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.

•National Bestseller•A brilliant and empowering collection of final reflections and words of wisdom from venerable civil rights champion, the late Congressman John Lewis at the end of his remarkable life.Congressman John Lewis was a paragon of the Civil Rights Movement and political leadership for decades. A hero we won't soon forget, Lewis was a beacon of hope and a model of humility whose invocation to “good trouble” continues to inspire millions across our nation. In his last months on earth, even while battling cancer, he dedicated time to share his memories, beliefs, and advice—exclusively immortalized in these pages—as a message to the generations to come.Organized by topic ranging from justice, courage, faith, mentorship, and forgiveness to the protests and the pandemic, and many more besides, Carry On collects the late Congressman's thoughts for readers to draw on whenever they are in need of guidance. John Lewis had great confidence in our future, even as he died in the midst of one of our country's most challenging years to date. With this book, he performs that crucial passing of the baton, empowering us to live up to the legacy he has left us with his perseverance, dedication, profound insight, and unwavering ability to see the good in life.

La historia del progreso humano está repleta de cambios de paradigma. Los paradigmas, o saberes compartidos por el hombre de una época, cambian al ritmo de los descubrimientos de la ciencia. El cambio más célebre fue, del geocentrismo de Ptolomeo al heliocentrismo de Copérnico. Se creó incluso una expresión muy utilizada coloquialmente: “el giro copernicano”En el ámbito de la Ética, la filosofía y la política también se producen otros cambios de paradigma. Durante siglos, los europeos traficaron y vendieron a los negros como esclavos. El siglo XIX marcó un punto de inflexión, con la Proclamación de Lincoln en 1863 y la XIII Enmienda a la Constitución USA en 1865. Aquella abolición de la esclavitud no logró, sin embargo, la igualdad de derechos. La segregación se instaló en el Sur de los Estados Unidos desde 1896. Casi 70 años más tarde, llegó la igualdad de derechos de los negros de la mano de Martin Luther King, en 1964. Antes hubo que derrotar y criminalizar la ideología del nazismo en la 2ª Guerra mundial. Pero en 1948, reapareció el Apartheid en Sudáfrica hasta el año 1990. La derrota definitiva del Apartheid estaba reservada a Nelson Mandela.En los últimos años, hay otros cambios de paradigma en la Ética. Hoy día hay una batalla entre partidarios pro-choice y pro-life sobre el concebido y no nacido. La ciencia médica, con ecografías y ultrasonidos, está ofreciendo pruebas de actividad cardíaca en el feto con sólo seis semanas de gestación. En USA se han producido más de una decena de leyes restrictivas del aborto. Pero sólo la Corte Suprema puede hacer que unas convicciones sociológicas extendidas, se conviertan en derechos y obligaciones exigibles. ¿Asistiremos a un cambio de paradigma sobre el nasciturus?

Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is'bigotry'simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be'on the wrong side of history'and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.

Thomas Kleinlein analysiert die unterschiedlichen Potentiale für eine dialogische und pluralistische Grundrechtsjudikatur, die föderalen Grundrechtssystemen innewohnen. Gegenstand seiner Untersuchung sind Deutschland, die USA und die EU. Als Alternative zu einem verbreiteten staats- und souveränitätszentrierten Verständnis schlägt er eine föderale Theorie der Mehrebenen-Grundrechtsjudikatur vor. Mit einer solchen föderalen Sichtweise lassen sich dogmatische Figuren, über die Anwendungsbereiche, Kontrollmaßstäbe und -intensität definiert werden, als Ausdruck der institutionellen Strukturen und der Interaktion der beteiligten Gerichte begreifen. Praktischer Ertrag der Forschung sind Vorschläge, die Gerichten in Mehrebenen-Strukturen Orientierung bieten können, vor allem angesichts der aktuellen Herausforderungen, mit denen der Grundrechtsschutz in Europa konfrontiert ist.

Do our federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate.Introducing compelling new data on the policy focuses of federal courts, Rice presents the first long-term, comprehensive consideration of the judicial agenda. In doing so, he details the essential role of the Supreme Court and other federal courts in directing attention to issues in American politics through influential relationships with Congress, the presidency, and the public. The dynamics Rice illustrates grow from the strengths of political constituencies in various policy areas and the constitutional powers accorded to the courts. Lighting the Way provides strong evidence that, as long argued but never empirically demonstrated, the courts systematically lead the attention of other institutions on civil rights. The research speaks to a broad and growing literature in political science and sociolegal research on the interactive nature of policymaking and the critical role of legal institutions and social movements in shaping policy agendas.