Two conceptions of liberty are discussed. The first considers the social context in which the struggle for freedom takes place. It maintains that freedom is best achieved through a delicate balancing of individual rights with the legitimate needs of the social order. The other conception of liberty is atomistic, exclusively concerned with the rights of the individual. According to Donohue, such a definition assures the triumph of the state over the mediating institutions of society, thus reducing prospects for freedom.
This is the first book to critically analyze contemporary ACLU policy and to challenge its reputation as the preeminent voice of freedom in the United States. It aims to move beyond the idea that freedom is best served by pushing individual rights to extremes. Twilight of Liberty will appeal to scholars in the fields of law, social policy, and culture. Students in civil liberties courses will also find this book a valuable resource.
From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them.
To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment.
The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.
Administrative Implementation of Civil Rights examines the role, operation, and contribution of the device most often relied on by local and state governments for dealing with intergroup problems—the human- relations commission. First used in the early 1940s to deal with discrimination against blacks, this commission was later often charged with implementing the civil rights of other minority groups and of women, the elderly, the handicapped, and the poor. It is Joseph Parker Witherspoon’s thesis that the human-relations commission was not used effectively, that an agency of this type has great strengths that most local and state governments did not utilize, and that its weaknesses are susceptible of remedy and must be eliminated. He explains these weaknesses and develops proposals for correcting them.
Witherspoon examines the roles of the local, state, and federal governments in solving this country’s complicated and serious civil rights problem and demonstrates that a program that carefully coordinates action by the federal government with action by local and state governments could be made to work effectively. As a part of this demonstration he proposes the enactment of a new form of comprehensive civil rights legislation at local, state, and national levels, and presents a series of four model statutes—the Alpha Model Acts—for effectuating his proposals. The approach emphasized in these statutes greatly strengthens the role of the human-relations commission as a law-enforcement agency and, in particular, focuses the operation of federal and state action upon life in the individual community.
The book concludes with a group of appendices listing all state and many local commissions and agencies handling human-relations problems at that time, and summarizing the type of authority, the jurisdiction, the operating budget, and the legislative basis for each. This list will be of interest to those studying the history of civil rights and public policy in the United States.
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