“A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time. Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.
How four Supreme Court cases in recent years—all argued and won by one indomitable lawyer—are central to the pursuit of equal justice in America. Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial. In Demand the Impossible, Robert L. Tsai traces Bright’s remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court—and won each one, despite facing an increasingly hostile bench. With each victory, he brought to light how the law itself had become corrupted by the country’s thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, inadequate safeguards for people with intellectual disabilities, and the shameful quality of legal representation for the poor. Organized around these four major Supreme Court cases, each narrated in vivid and dramatic detail, Tsai’s essential account explores the racism built into the criminal justice system and the incredible advancements one lawyer and his committed allies made for equal rights. An electrifying work of legal history, Demand the Impossible reveals how change can be won in even the most challenging times and how seemingly small victories can go on to have outsized effects.
Law and Society, Fourth Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Fourth Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today′s society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.
Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
Reveals the possibilities and challenges of civic education in circumstances of extreme polarization, and how civic learning and political divisiveness can interact and influence each other As fears about polarization—and its contribution to democratic crisis and corrosion—rise, many people have posited civic education as a possible remedy. In a time of increasing political polarization, what should the goals of civic education be, and how should they be implemented? In the latest installment of the NOMOS series, Eric Beerbohm and Elizabeth Beaumont bring together a distinguished group of interdisciplinary scholars across philosophy, politics, and law, inviting us to think deeply about the complex promises and pitfalls of civic education. Contributors raise a variety of crucial considerations not only about how to educate citizens in a polarized era but also for a polarized era. What types of civic learning hold promise for preparing students to navigate their way through a political landscape of escalating hostile factions, distrust, truth decay, and disagreement about basic facts? Could or should civic education attempt to reduce or counteract polarization, or should it focus on other aims? Beaumont and Beerbohm show us that the dynamics and circumstances of polarization do not stop at the schoolhouse gates, but bring new urgency together with added pressures and constraints to all civic education. As political polarization continues to intensify across the globe, this riveting volume illuminates the significance, the possibilities, and the challenges of civic education in the contemporary era.
This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions?
The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Winner of the Zócalo Book Prize Shortlisted for the Arthur Ross Book Award Longlisted for the Andrew Carnegie Medal for Excellence A New York Times Book Review Editors’ Choice A "powerful and cogent" (Bethanne Patrick, Washington Post) account of the twentieth-century battle for immigration reform that set the stage for today’s roiling debates. The idea of the United States as a nation of immigrants is at the core of the American narrative. But in 1924, Congress instituted a system of ethnic quotas so stringent that it choked off large-scale immigration for decades, sharply curtailing arrivals from southern and eastern Europe and outright banning those from nearly all of Asia. In a riveting narrative filled with a fascinating cast of characters, from the indefatigable congressman Emanuel Celler and senator Herbert Lehman to the bull-headed Nevada senator Pat McCarran, Jia Lynn Yang recounts how lawmakers, activists, and presidents from Truman through LBJ worked relentlessly to abolish the 1924 law. Through a world war, a refugee crisis after the Holocaust, and a McCarthyist fever, a coalition of lawmakers and activists descended from Jewish, Irish, and Japanese immigrants fought to establish a new principle of equality in the American immigration system. Their crowning achievement, the 1965 Immigration and Nationality Act, proved to be one of the most transformative laws in the country’s history, opening the door to nonwhite migration at levels never seen before—and changing America in ways that those who debated it could hardly have imagined. Framed movingly by her own family’s story of immigration to America, Yang’s One Mighty and Irresistible Tide is a deeply researched and illuminating work of history, one that shows how Americans have strived and struggled to live up to the ideal of a home for the “huddled masses,” as promised in Emma Lazarus’s famous poem.
