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Book part
Publication date: 9 April 2003

Jonathan Goldberg-Hiller

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court…

Abstract

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977 despite continued demands for legal recognition by lesbians and gays, indigenous peoples and others interested in expanding civil rights doctrine. Public tolerance for civil rights measures has likewise dried up. Since the 1960s, referenda on civil rights have halted affirmative action programs, limited school busing and housing discrimination protections, promoted English-only laws, limited AIDS policies, and ended the judicial recognition of same-sex marriage, among other issues. Nearly 80% of these referenda have had outcomes realizing the Madisonian fear of “majority tyranny”1 and signaling the Nietzschean dread of a politics of resentment (Brown, 1995, p. 214; Connolly, 1991, p. 64).

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

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Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Book part
Publication date: 12 June 2018

Megan A. Conway

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act…

Abstract

This chapter explores the relationship between disability identity, civil rights, and the law. Twenty-five years after the passage of the Americans with Disabilities Act, the question remains why disability rights legislation does not go far enough toward addressing access, stigma, and discrimination issues. People with disabilities have found empowerment from disability rights laws, but these laws are also restrictive because they define people in relation to medical aspects of their disabilities and narrowly define society’s obligation for inclusion. The successes and failures of disability rights laws are an important contribution to the study of conceptions of difference.

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Special Issue: Law and the Imagining of Difference
Type: Book
ISBN: 978-1-78756-030-7

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Book part
Publication date: 3 July 2007

Gregory M. Maney

Researchers have mostly studied armed rebellions and policy-oriented protest movements separately. This article argues that, by altering the structure of political…

Abstract

Researchers have mostly studied armed rebellions and policy-oriented protest movements separately. This article argues that, by altering the structure of political opportunity facing insurgents, the two types of contention can facilitate one another's emergence, particularly in divided societies with rigid ethnic states lacking legitimacy. As an illustration, the author examines ethno-nationalist contention in Northern Ireland between 1955 and 1972. Defeat of the IRA's (Irish Republican Army) border campaign contributed to the liberalization of the policies of the Northern Ireland state. Republicans remaining active became receptive to new strategies. Republican organizations subsequently formed an integral part of a civil rights movement. The movement entailed nonviolent mass civil disobedience in the pursuit of equal citizenship rights for the Nationalist minority. A mixture of state concessions and repression contributed to the resurgence of armed Republicanism. The findings suggest the need for greater attention to the overlap and interaction between different goals and forms of political contention.

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Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-0-7623-1318-1

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Article
Publication date: 1 January 2013

Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of…

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Abstract

Purpose

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.

Design/methodology/approach

It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.

Findings

The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.

Research limitations/implications

This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.

Practical implications

Managers and employees can protect themselves in the workplace from illegal discriminatory practices.

Social implications

Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.

Originality/value

This is an original and comprehensive paper by the authors.

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Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 1
Type: Research Article
ISSN: 2040-7149

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Article
Publication date: 1 May 1998

Brian H. Kleiner

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the…

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Abstract

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.

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Equal Opportunities International, vol. 17 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

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Book part
Publication date: 23 August 2012

Eric S. Brown

Racialized class formation is a process in which both racial formation and class formation shape the experiences of African Americans in the stratification system. This…

Abstract

Racialized class formation is a process in which both racial formation and class formation shape the experiences of African Americans in the stratification system. This occurs for blacks in differing social classes. However, this chapter focuses on African Americans in the professional middle class. The professional middle class as a whole has grown substantially under postindustrialism. Racialized class formation has been greatly shaped by the nature of state policy regarding citizenship rights and has varied in the transition from the pre-civil rights era to the post-civil rights era. This chapter utilizes historical, interview, and secondary data to analyze experiences of the “first generation” of black professionals to integrate employment in mainstream institutions after the Civil Rights Act of 1964. The focus is on the processes of recruitment, hiring, and promotion, as well as relations with clientele among those black professionals and how their middle class employment experiences are racialized.

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Political Power and Social Theory
Type: Book
ISBN: 978-1-78052-867-0

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Book part
Publication date: 2 May 2018

Ram Alagan, Robert O. White and Seela Aladuwaka

This research underlines the usefulness of Civil Rights Geographic Information Systems (CR-GIS) for understanding the social struggles and assessing the critical needs of…

Abstract

This research underlines the usefulness of Civil Rights Geographic Information Systems (CR-GIS) for understanding the social struggles and assessing the critical needs of the disempowered population of Alabama’s “Black Belt.” The social struggles have been persistent for decades in the Southern states, particularly in Alabama. Researchers have recognized the political and historical root causes and implications for these social struggles. The geographic region of Alabama’s Black Belt is significant because it became the epicenter of the Civil Rights struggle and still represents the vestiges of the social policy known as “Jim Crow.”

Although GIS has a great potential to explore social and political struggles, currently, it is not profoundly associated with Civil Rights studies. This research employs CR-GIS to illustrate the impact of the disfranchisement caused by biased geopolitics in three selected cases/issues: (1) gerrymandering and voting rights, (2) transportation, and (3) poverty in the State of Alabama. While there has been some progress in overcoming the social struggles in the Black Belt, there is a need for qualitative and quantitative analyses to understand persistent social, economic, and Civil Rights struggles in the region. GIS could be a valuable tool to understand and explore the social struggles in the disempowered communities of the “Black Belt” in Alabama. By incorporating the existing information and conducting ground truth studies, this research will lay the basic foundation for extended research by creating a policy template for empowering the disempowered for better social, economic, and political integration in the “Black Belt region.”

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Environment, Politics, and Society
Type: Book
ISBN: 978-1-78714-775-1

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Book part
Publication date: 30 June 2017

Cyril Ghosh

In this chapter, I suggest that Connecticut’s and other states’ recent discontinuation of civil unions in the name of marriage “equality” marginalizes and demeans marriage…

Abstract

In this chapter, I suggest that Connecticut’s and other states’ recent discontinuation of civil unions in the name of marriage “equality” marginalizes and demeans marriage – rejecting people who may nonetheless wish to codify their intimate partnerships – for purposes of legal “incidents,” including rights and privileges, like hospital visitation rights, testimonial privilege, inheritance rights, etc. In doing so, I also call for a rejuvenation of the practice of granting civil union licenses in these states.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-811-6

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Article
Publication date: 6 July 2010

The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of…

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Abstract

The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of fundamental civil rights. These rights include freedom of speech, protection from governmental intrusion, due process, freedom to marry and the right to privacy in family matters, right to parent one's own children, right to bear arms, right to be secure in their persons (probable‐cause for arrest), right to a fair trial, and equal treatment under the law. Each year, an estimated two million Americans have their civil liberties violated by domestic violence laws. This article, based on a report by SAVE (2010a), enumerates and documents these civil rights violations.

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Journal of Aggression, Conflict and Peace Research, vol. 2 no. 3
Type: Research Article
ISSN: 1759-6599

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