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Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,
The New York Times Bestseller

In May 2013, Glenn Greenwald set out for Hong Kong to meet an anonymous source who claimed to have astonishing evidence of pervasive government spying and insisted on communicating only through heavily encrypted channels. That source turned out to be the 29-year-old NSA contractor and whistleblower Edward Snowden, and his revelations about the agency's widespread, systemic overreach proved to be some of the most explosive and consequential news in recent history, triggering a fierce debate over national security and information privacy. As the arguments rage on and the government considers various proposals for reform, it is clear that we have yet to see the full impact of Snowden's disclosures.

Now for the first time, Greenwald fits all the pieces together, recounting his high-intensity ten-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA's unprecedented abuse of power with never-before-seen documents entrusted to him by Snowden himself.
Going beyond NSA specifics, Greenwald also takes on the establishment media, excoriating their habitual avoidance of adversarial reporting on the government and their failure to serve the interests of the people. Finally, he asks what it means both for individuals and for a nation's political health when a government pries so invasively into the private lives of its citizens—and considers what safeguards and forms of oversight are necessary to protect democracy in the digital age. Coming at a landmark moment in American history, No Place to Hide is a fearless, incisive, and essential contribution to our understanding of the U.S. surveillance state.

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?

Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.


A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

The potential power of forgiveness in an age of resentment.

Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy—a fresh start for debtors—were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

Who has the right to forgive? Who should be forgiven? And under what terms? Minow tackles these foundational issues by exploring three questions:

What does the international response to child soldiers teach us about the legal treatment of juvenile offenders in the United States? Why are the laws surrounding corporate debt more forgiving than those governing American student and consumer debt, and sovereign debt in the developing world? When do law’s tools of forgiveness, amnesties, and pardons strengthen justice, peace, and democracy (think South Africa), and when do they undermine law’s promise of fairness (think Joe Arpaio)?

There are certainly grounds for both individuals and societies to withhold forgiveness, but there are also cases where letting go of legitimate grievances can make the law more just, not less. The law is democracy’s girder beam, and Minow urges us to build forgiveness into the administration of our laws. Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.

The never-before-told full story of the history-changing break-in at the FBI office in Media, Pennsylvania, by a group of unlikely activists—quiet, ordinary, hardworking Americans—that made clear the shocking truth and confirmed what some had long suspected, that J. Edgar Hoover had created and was operating, in violation of the U.S. Constitution, his own shadow Bureau of Investigation.

It begins in 1971 in an America being split apart by the Vietnam War . . . A small group of activists—eight men and women—the Citizens Commission to Investigate the FBI, inspired by Daniel Berrigan’s rebellious Catholic peace movement, set out to use a more active, but nonviolent, method of civil disobedience to provide hard evidence once and for all that the government was operating outside the laws of the land.
           
The would-be burglars—nonpro’s—were ordinary people leading lives of purpose: a professor of religion and former freedom rider; a day-care director; a physicist; a cab driver; an antiwar activist, a lock picker; a graduate student haunted by members of her family lost to the Holocaust and the passivity of German civilians under Nazi rule.

Betty Medsger's extraordinary book re-creates in resonant detail how this group of unknowing thieves, in their meticulous planning of the burglary, scouted out the low-security FBI building in a small town just west of Philadelphia, taking into consideration every possible factor, and how they planned the break-in for the night of the long-anticipated boxing match between Joe Frazier (war supporter and friend to President Nixon) and Muhammad Ali (convicted for refusing to serve in the military), knowing that all would be fixated on their televisions and radios.

Medsger writes that the burglars removed all of the FBI files and, with the utmost deliberation, released them to various journalists and members of Congress, soon upending the public’s perception of the inviolate head of the Bureau and paving the way for the first overhaul of the FBI since Hoover became its director in 1924.  And we see how the release of the FBI files to the press set the stage for the sensational release three months later, by Daniel Ellsberg, of the top-secret, seven-thousand-page Pentagon study on U.S. decision-making regarding the Vietnam War, which became known as the Pentagon Papers.
           
At the heart of the heist—and the book—the contents of the FBI files revealing J. Edgar Hoover’s “secret counterintelligence program” COINTELPRO, set up in 1956 to investigate and disrupt dissident political groups in the United States in order “to enhance the paranoia endemic in these circles,” to make clear to all Americans that an FBI agent was “behind every mailbox,” a plan that would discredit, destabilize, and demoralize groups, many of them legal civil rights organizations and antiwar groups that Hoover found offensive—as well as black power groups, student activists, antidraft protestors, conscientious objectors.

The author, the first reporter to receive the FBI files, began to cover this story during the three years she worked for The Washington Post and continued her investigation long after she'd left the paper, figuring out who the burglars were, and convincing them, after decades of silence, to come forward and tell their extraordinary story. 

The Burglary is an important and riveting book, a portrait of the potential power of non­violent resistance and the destructive power of excessive government secrecy and spying.
Educators and policymakers who share the goal of equal opportunity in schools often hold differing notions of what entails a just school in multicultural America. Some emphasize the importance of integration and uniform treatment for all, while others point to the benefits of honoring cultural diversity in ways that make minority students feel at home. In Just Schools, noted legal scholars, educators, and social scientists examine schools with widely divergent methods of fostering equality in order to explore the possibilities and limits of equal education today. The contributors to Just Schools combine empirical research with rich ethnographic accounts to paint a vivid picture of the quest for justice in classrooms around the nation. Legal scholar Martha Minow considers the impact of school choice reforms on equal educational opportunities. Psychologist Hazel Rose Markus examines culturally sensitive programs where students exhibit superior performance on standardized tests and feel safer and more interested in school than those in color-blind programs. Anthropologist Heather Lindkvist reports on how Somali Muslims in Lewiston, Maine, invoked the American ideal of inclusiveness in winning dress-code exemptions and accommodations for Islamic rituals in the local public school. Political scientist Austin Sarat looks at a school system in which everyone endorses multiculturalism but holds conflicting views on the extent to which culturally sensitive practices should enter into the academic curriculum. Anthropologist Barnaby Riedel investigates how a private Muslim school in Chicago aspires to universalist ideals, and education scholar James Banks argues that schools have a responsibility to prepare students for citizenship in a multicultural society. Anthropologist John Bowen offers a nuanced interpretation of educational commitments in France and the headscarf controversy in French schools. Anthropologist Richard Shweder concludes the volume by connecting debates about diversity in schools with a broader conflict between national assimilation and cultural autonomy. As America's schools strive to accommodate new students from around the world, Just Schools provides a provocative and insightful look at the different ways we define and promote justice in schools and in society at large.
Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling.



The primer offers an accessible and pragmatic approach to feminist legal theory. It demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls.





At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues.








Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling.





The primer offers an accessible and pragmatic approach to feminist legal theory. It demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls.





At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues.

A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar.

“[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review

Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.

Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. 

At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart.

Praise for Covering

“Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation’s courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle

“[A] remarkable debut . . . [Yoshino’s] sense of justice is pragmatic and infectious.”—Time Out New York
A shocking exploration of America’s preferred method of capital punishment.

In early 2013, Robert Gleason became the latest victim of the electric chair, a peculiarly American execution method. Shouting Póg mo thóin (“Kiss my ass” in Gaelic), he grinned as electricity shot through his system. When the current was switched off, his body slumped against the leather restraints, and Gleeson, who had strangled two fellow inmates to ensure his execution was not postponed, was dead. The execution had gone flawlessly—not a guaranteed result with the electric chair, which has gone horrifically wrong on many occasions.

Old Sparky covers the history of capital punishment in America and the “current wars” between Edison and Westinghouse that led to the development of the electric chair. It examines how the electric chair became the most popular method of execution in America before being superseded by lethal injection. Famous executions are explored, alongside quirky last meals and poignant last words.

The death penalty remains a hot topic of debate in America, and Old Sparky does not shy away from that controversy. Executions have gone spectacularly wrong, with convicts being set alight or needing up to five jolts of electricity before dying. There have been terrible miscarriages of justice, and the death penalty has not been applied even-handedly. Historically, African Americans, the mentally challenged, and poor defendants have been likely to get the chair, an anomaly which led the Supreme Court to briefly suspend the death penalty. Since the resumption of capital punishment in 1976, Texas alone has executed more than five hundred prisoners, and death row is full.
Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.
Finalist for the PEN/John Kenneth Galbraith Award for Nonfiction
Longlisted for the National Book Award in Nonfiction
Named one of the Best Books of the Year by:
Washington Post * Boston Globe * NPR* Bustle * BookRiot * New York Public Library

From the award-winning, New York Times bestselling author of White Rage, the startling--and timely--history of voter suppression in America, with a foreword by Senator Dick Durbin.

In her New York Times bestseller White Rage, Carol Anderson laid bare an insidious history of policies that have systematically impeded black progress in America, from 1865 to our combustible present. With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.

Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans.
In A Vast Conspiracy, the best-selling author of The Run of His Life casts an insightful, unbiased eye over the most extraordinary public saga of our time -- the Clinton sex scandals.  A superlative journalist known for the skillfulness of his investigating and the power of his writing, Jeffrey Toobin tells the unlikely story of the events that began over doughnuts in a Little Rock hotel and ended on the floor of the United States Senate, with only the second vote on Presidential removal in American history.  This is an entirely fresh look at the scandal that very nearly brought down a president.

Packed with news-making disclosures and secret documents published here for the first time, Toobin unravels the three strands of a national scandal - those leading from  Paula Jones, Kenneth Starr, and Monica Lewinsky - that created a legal, personal, and political disaster for Bill Clinton.  A Vast Conspiracy is written with the narrative drive of a sensational (if improbable) legal thriller, and Toobin brilliantly explores the high principle and low comedy that were the hallmarks of the story.  From Tripp to Goldberg, Isikoff to Hyde, the complex and tangled motivations behind the scandal are laid bare.

While misguided, outlandish behavior was played out at the very highest level, Toobin analyzes the facts and the key figures with a level of dignity and insight that this story has not yet received. The Clinton scandals will shape forever how we think about the signature issues of our day -- sex and sexual harassment, privacy and perjury, civil rights, and, yes, cigars.  Toobin's book will shape forever how we think about the Clinton scandals.
A work of riveting literary journalism that explores the roots and repercussions of the infamous killing of Eric Garner by the New York City police—from the bestselling author of The Divide

NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY THE WASHINGTON POST

On July 17, 2014, a forty-three-year-old black man named Eric Garner died on a Staten Island sidewalk after a police officer put him in what has been described as an illegal chokehold during an arrest for selling bootleg cigarettes. The final moments of Garner’s life were captured on video and seen by millions. His agonized last words, “I can’t breathe,” became a rallying cry for the nascent Black Lives Matter protest movement. A grand jury ultimately declined to indict the officer who wrestled Garner to the pavement.
 
Matt Taibbi’s deeply reported retelling of these events liberates Eric Garner from the abstractions of newspaper accounts and lets us see the man in full—with all his flaws and contradictions intact. A husband and father with a complicated personal history, Garner was neither villain nor victim, but a fiercely proud individual determined to do the best he could for his family, bedeviled by bad luck, and ultimately subdued by forces beyond his control. 
 
In America, no miscarriage of justice exists in isolation, of course, and in I Can’t Breathe Taibbi also examines the conditions that made this tragedy possible. Featuring vivid vignettes of life on the street and inside our Kafkaesque court system, Taibbi’s kaleidoscopic account illuminates issues around policing, mass incarceration, the underground economy, and racial disparity in law enforcement. No one emerges unsullied, from the conservative district attorney who half-heartedly prosecutes the case to the progressive mayor caught between the demands of outraged activists and the foot-dragging of recalcitrant police officials. 
 
A masterly narrative of urban America and a scathing indictment of the perverse incentives built into our penal system, I Can’t Breathe drills down into the particulars of one case to confront us with the human cost of our broken approach to dispensing criminal justice.

“Brilliant . . . Taibbi is unsparing is his excoriation of the system, police, and courts. . . . This is a necessary and riveting work.”—Booklist (starred review)
Longlisted for the 2016 National Book Award for Nonfiction

One of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government sterilization of “undesirable” citizens the law of the land
 
In 1927, the Supreme Court handed down a ruling so disturbing, ignorant, and cruel that it stands as one of the great injustices in American history. In Imbeciles, bestselling author Adam Cohen exposes the court’s decision to allow the sterilization of a young woman it wrongly thought to be “feebleminded” and to champion the mass eugenic sterilization of undesirable citizens for the greater good of the country. The 8–1 ruling was signed by some of the most revered figures in American law—including Chief Justice William Howard Taft, a former U.S. president; and Louis Brandeis, a progressive icon. Oliver Wendell Holmes, considered by many the greatest Supreme Court justice in history, wrote the majority opinion, including the court’s famous declaration “Three generations of imbeciles are enough.”

Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.”  At the center was Carrie Buck, who was born into a poor family in Charlottesville, Virginia, and taken in by a foster family, until she became pregnant out of wedlock. She was then declared “feebleminded” and shipped off to the Colony for Epileptics and Feeble-Minded.

Buck v. Bell unfolded against the backdrop of a nation in the thrall of eugenics, which many Americans thought would uplift the human race. Congress embraced this fervor, enacting the first laws designed to prevent immigration by Italians, Jews, and other groups charged with being genetically inferior. 

Cohen shows how Buck arrived at the colony at just the wrong time, when influential scientists and politicians were looking for a “test case” to determine whether Virginia’s new eugenic sterilization law could withstand a legal challenge. A cabal of powerful men lined up against her, and no one stood up for her—not even her lawyer, who, it is now clear, was in collusion with the men who wanted her sterilized.

In the end, Buck’s case was heard by the Supreme Court, the institution established by the founders to ensure that justice would prevail. The court could have seen through the false claim that Buck was a threat to the gene pool, or it could have found that forced sterilization was a violation of her rights. Instead, Holmes, a scion of several prominent Boston Brahmin families, who was raised to believe in the superiority of his own bloodlines, wrote a vicious, haunting decision upholding Buck’s sterilization and imploring the nation to sterilize many more.
Holmes got his wish, and before the madness ended some sixty to seventy thousand Americans were sterilized. Cohen overturns cherished myths and demolishes lauded figures in relentless pursuit of the truth. With the intellectual force of a legal brief and the passion of a front-page exposé, Imbeciles is an ardent indictment of our champions of justice and our optimistic faith in progress, as well as a triumph of American legal and social history.
“A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will.” So writes Jonathan Rauch in Kindly Inquisitors, which has challenged readers for more than twenty years with its bracing and provocative exploration of the issues surrounding attempts to limit free speech. In it, Rauch makes a persuasive argument for the value of “liberal science” and the idea that conflicting views produce knowledge within society.
In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical.
“It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword
The saga of the Freedom Rides is an improbable, almost unbelievable story. In the course of six months in 1961, four hundred and fifty Freedom Riders expanded the realm of the possible in American politics, redefining the limits of dissent and setting the stage for the civil rights movement. In this new version of his encyclopedic Freedom Riders, Raymond Arsenault offers a significantly condensed and tautly written account. With characters and plot lines rivaling those of the most imaginative fiction, this is a tale of heroic sacrifice and unexpected triumph. Arsenault recounts how a group of volunteers--blacks and whites--came together to travel from Washington DC through the Deep South, defying Jim Crow laws in buses and terminals and putting their lives on the line for racial justice. News photographers captured the violence in Montgomery, shocking the nation and sparking a crisis in the Kennedy administration. Here are the key players--their fears and courage, their determination and second thoughts, and the agonizing choices they faced as they took on Jim Crow--and triumphed. Winner of the Owsley Prize Publication is timed to coincide with the airing of the American Experience miniseries documenting the Freedom Rides "Arsenault brings vividly to life a defining moment in modern American history." --Eric Foner, The New York Times Book Review "Authoritative, compelling history." --William Grimes, The New York Times "For those interested in understanding 20th-century America, this is an essential book." --Roger Wilkins, Washington Post Book World "Arsenault's record of strategy sessions, church vigils, bloody assaults, mass arrests, political maneuverings and personal anguish captures the mood and the turmoil, the excitement and the confusion of the movement and the time." --Michael Kenney, The Boston Globe
“Meticulously researched and rewarding to read...Thomas is a gifted storyteller.” —The New York Times Book Review

Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America’s working women. Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting.

These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip.

Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.

Newtown. Columbine. Virginia Tech. Tucson. Aurora. Gun violence on a massive scale has become a plague in our society, yet politicians seem more afraid of having a serious conversation about guns than they are of the next horrific shooting. Any attempt to change the status quo, whether to strengthen gun regulations or weaken them, is sure to degenerate into a hysteria that changes nothing. Our attitudes toward guns are utterly polarized, leaving basic questions unasked: How can we reconcile the individual right to own and use firearms with the right to be safe from gun violence? Is keeping guns out of the hands of as many law-abiding Americans as possible really the best way to keep them out of the hands of criminals? And do 30,000 of us really have to die by gunfire every year as the price of a freedom protected by the Constitution?

In Living with Guns, Craig R. Whitney, former foreign correspondent and editor at the New York Times, seeks out answers. He re-examines why the right to bear arms was enshrined in the Bill of Rights, and how it came to be misunderstood. He looks to colonial times, surveying the degree to which guns were a part of everyday life. Finally, blending history and reportage, Whitney explores how twentieth-century turmoil and culture war led to today's climate of activism, partisanship, and stalemate, in a nation that contains an estimated 300 million guns––and probably at least 60 million gun owners.

In the end, Whitney proposes a new way forward through our gun rights stalemate, showing how we can live with guns––and why, with so many of them around, we have no other choice.
A Publishers Weekly Best Book of 2018

“An important contribution to our understanding of how ordinary people found the strength to fight for equality for schoolchildren and their teachers.”
—Wall Street Journal

In the epic tradition of Eyes on the Prize and with the cultural significance of John Lewis’s March trilogy, an ambitious and harrowing account of the devoted black educators who battled southern school segregation and inequality

For two years an aging Dr. Horace Tate—a former teacher, principal, and state senator—told Emory University professor Vanessa Siddle Walker about his clandestine travels on unpaved roads under the cover of night, meeting with other educators and with Dr. King, Georgia politicians, and even U.S. presidents. Sometimes he and Walker spoke by phone, sometimes in his office, sometimes in his home; always Tate shared fascinating stories of the times leading up to and following Brown v. Board of Education. Dramatically, on his deathbed, he asked Walker to return to his office in Atlanta, in a building that was once the headquarters of another kind of southern strategy, one driven by integrity and equality.

Just days after Dr. Tate’s passing in 2002, Walker honored his wish. Up a dusty, rickety staircase, locked in a concealed attic, she found the collection: a massive archive documenting the underground actors and covert strategies behind the most significant era of the fight for educational justice. Thus began Walker’s sixteen-year project to uncover the network of educators behind countless battles—in courtrooms, schools, and communities—for the education of black children. Until now, the courageous story of how black Americans in the South won so much and subsequently fell so far has been incomplete. The Lost Education of Horace Tate is a monumental work that offers fresh insight into the southern struggle for human rights, revealing little-known accounts of leaders such as W.E.B. Du Bois and James Weldon Johnson, as well as hidden provocateurs like Horace Tate.

Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it?

Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences.

Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right-physical safety-eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.
“A highly informative, detailed, even thrilling account of how the Supreme Court arguments reshaped American law.”—Michael Bronkski, San Francisco Chronicle No one could have predicted that the night of September 17, 1998, would be anything but routine in Houston, Texas. Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom.

So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved.

Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest.

The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done.

In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.
A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly
Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the Wall Street Journal's Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice—issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.

While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo—and vindicate the legal experiment the Bush administration could barely get off the ground—The Terror Courts could not be more timely.

Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship.

The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.

Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights, Albion Tourgee battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourgee's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourgee's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to made good on that belief. A redoubtable lawyer and an accomplished jurist, Tourgee wrote fifteen political novels, eight books of historical and social criticism, and several hundred newspaper and magazine articles that all told represent a mountain of dissent against the prevailing tide of racial oppression. Through the lens of Tourgee's life, Elliott illuminates the war of ideas about race that raged through the United States in the nineteenth century, from the heated debate over slavery before the Civil War, through the conflict over aid to freedmen during Reconstruction, to the backlash toward the end of the century, when Tourgee saw his country retreat from the goals of equality and freedom and utterly repudiate the work of Reconstruction. A poignant and inspiring study in courage and conviction, Color Blind Justice offers us an unforgettable portrayal of Albion Tourgee and the principles to which he dedicated his life. Finalist, 2007 Peter Seaborg Award for Civil War Scholarship
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