Rights On Trial

Author : Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen
Publisher : University of Chicago Press
Page : 366 pages
File Size : 43,5 Mb
Release : 2017-06-22
Category : Law
ISBN : 9780226466859

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Rights on Trial by Ellen Berrey,Robert L. Nelson,Laura Beth Nielsen Pdf

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Author : Arthur Kinoy
Publisher : Unknown
Page : 376 pages
File Size : 47,6 Mb
Release : 1984-07
Category : Civil rights
ISBN : 0674770145

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Rights on Trial by Arthur Kinoy Pdf

Author : Justine Lacroix,Jean-Yves Pranchère
Publisher : Human Rights in History
Page : 269 pages
File Size : 47,7 Mb
Release : 2018-05-31
Category : History
ISBN : 9781108424394

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Human Rights on Trial by Justine Lacroix,Jean-Yves Pranchère Pdf

The first contemporary overview of the critiques of human rights in Western political thought, from the French Revolution to the present day.

Author : Amal Clooney,Philippa Webb
Publisher : Oxford University Press
Page : 500 pages
File Size : 47,7 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192536082

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The Right to a Fair Trial in International Law by Amal Clooney,Philippa Webb Pdf

The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

Author : Ellen Berrey,Laura Beth Nielson,Laura Beth Nielsen
Publisher : University of Chicago Press
Page : 366 pages
File Size : 49,9 Mb
Release : 2017-06-22
Category : Law
ISBN : 9780226466996

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Rights on Trial by Ellen Berrey,Laura Beth Nielson,Laura Beth Nielsen Pdf

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Author : Caleb H. Wheeler
Publisher : BRILL
Page : 333 pages
File Size : 47,9 Mb
Release : 2018-10-18
Category : Law
ISBN : 9789004376861

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The Right to Be Present at Trial in International Criminal Law by Caleb H. Wheeler Pdf

In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

Author : Richard Price
Publisher : University of Pennsylvania Press
Page : 288 pages
File Size : 52,5 Mb
Release : 2011-06-06
Category : Social Science
ISBN : 9780812203721

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Rainforest Warriors by Richard Price Pdf

Rainforest Warriors is a historical, ethnographic, and documentary account of a people, their threatened rainforest, and their successful attempt to harness international human rights law in their fight to protect their way of life—part of a larger story of tribal and indigenous peoples that is unfolding all over the globe. The Republic of Suriname, in northeastern South America, contains the highest proportion of rainforest within its national territory, and the most forest per person, of any country in the world. During the 1990s, its government began awarding extensive logging and mining concessions to multinational companies from China, Indonesia, Canada, and elsewhere. Saramaka Maroons, the descendants of self-liberated African slaves who had lived in that rainforest for more than 300 years, resisted, bringing their complaints to the Inter-American Commission on Human Rights. In 2008, when the Inter-American Court of Human Rights delivered its landmark judgment in their favor, their efforts to protect their threatened rainforest were thrust into the international spotlight. Two leaders of the struggle to protect their way of life, Saramaka Headcaptain Wazen Eduards and Saramaka law student Hugo Jabini, were awarded the Goldman Prize for the Environment (often referred to as the environmental Nobel Prize), under the banner of "A New Precedent for Indigenous and Tribal Peoples." Anthropologist Richard Price, who has worked with Saramakas for more than forty years and who participated actively in this struggle, tells the gripping story of how Saramakas harnessed international human rights law to win control of their own piece of the Amazonian forest and guarantee their cultural survival.

Author : Thom Brooks
Publisher : Routledge
Page : 532 pages
File Size : 51,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351541008

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The Right to a Fair Trial by Thom Brooks Pdf

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

Author : Katherine Turk
Publisher : University of Pennsylvania Press
Page : 296 pages
File Size : 44,8 Mb
Release : 2016-06
Category : History
ISBN : 9780812248203

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Equality on Trial by Katherine Turk Pdf

In 1964, Title VII of the Civil Rights Act outlawed workplace sex discrimination, but its practical meaning was uncertain. Equality on Trial examines how a generation of workers and feminists fought to infuse the law with broad notions of sex equality, reshaping workplaces, activist channels, state agencies, and courts along the way.

Author : Charles L. Zelden
Publisher : Bloomsbury Publishing USA
Page : 367 pages
File Size : 49,7 Mb
Release : 2002-01-11
Category : Political Science
ISBN : 9781576077955

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Voting Rights on Trial by Charles L. Zelden Pdf

Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts. Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources.

Author : Barrington Walker
Publisher : University of Toronto Press
Page : 281 pages
File Size : 54,5 Mb
Release : 2011-07-01
Category : Law
ISBN : 9780802096104

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Race on Trial by Barrington Walker Pdf

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

Author : Kris Perry,Sandy Stier
Publisher : Roaring Forties Press
Page : 259 pages
File Size : 52,7 Mb
Release : 2017-05-09
Category : Social Science
ISBN : 9781938901706

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Love on Trial by Kris Perry,Sandy Stier Pdf

Told in their own voice, this is the story of two women who took their struggle for marriage equality all the way to the Supreme Court--and won. Kris Perry and Sandy Stier are the lead plaintiffs in the team that sued the state of California to restore marriage equality. By 2008, when Californians voted in Proposition 8, banning same-sex marriage, Kris and Sandy had been a couple raising their four sons for almost a decade. Living in Berkeley, they were a modern family, but without the protections of legal marriage. In alternating voices, Love on Trial tells the story of each woman’s journey from her 1960s all-American childhood to the US Supreme Court, sharing tales of growing up in rural America, coming out to bewildered parents, falling in love, and finally becoming a family. From wrangling teenagers and careers to hot flashes at the Supreme Court, this book provides an honest, amusing look at a family that landed in the middle of one of the most important civil rights battles of our era.

Author : Scott Farris
Publisher : Rowman & Littlefield
Page : 391 pages
File Size : 51,8 Mb
Release : 2020-12-15
Category : History
ISBN : 9781493046362

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Freedom on Trial by Scott Farris Pdf

The Confederacy lost the Civil War but quickly began to win the peace when a mysterious organization arose called the Ku Klux Klan. The Ku Klux, as it was then called, sought to restore white supremacy by terrorizing the formerly enslaved to prevent them from voting or owning firearms. To support Black resistance to the KKK’s campaign of murder and mayhem, President Ulysses S. Grant suspended the writ of habeas corpus in large portions of South Carolina and sent the famed 7th Cavalry to make mass arrests. Grant’s new attorney general, the first former Confederate to serve in a presidential Cabinet and an ardent advocate for Black equality, Amos T. Akerman, aggressively prosecuted the Ku Klux in a series of sensational trials that shocked the nation and forced a reckoning regarding just how much the Civil War and the recently enacted Fourteenth and Fifteenth amendments to the Constitution had changed America and its notions of citizenship. Highlighting forgotten Black and white civil rights pioneers and weaving in the story of the author’s own great-grandfather’s crimes as a member of the Ku Klux Klan, Freedom on Trial tells a gripping story of a moment pregnant with promise when race relations in the United States might have taken a dramatically different turn. It is a story that also offers a sober lesson for those engaged in the ongoing work of fulfilling the American promise of equality for all.

Author : Geoffrey Douglas Egon Adair
Publisher : Butterworth-Heinemann
Page : 448 pages
File Size : 54,9 Mb
Release : 1992
Category : Criminal procedure
ISBN : OSU:32437000219929

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On Trial by Geoffrey Douglas Egon Adair Pdf

Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
Page : 217 pages
File Size : 49,9 Mb
Release : 2018-02-16
Category : Law
ISBN : 9780773553019

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Putting Trials on Trial by Elaine Craig Pdf

Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.