Civil Rights Law

The people most likely to face discrimination today are those who do not or cannot conform to the whims of society. They are the freaks, geeks, weirdos, and oddballs among us. They do and wear strange things, have strange opinions, and need strange accommodations. Outsiders is filled with stories that demand attention, stories of people whose search for identity has cast them to the margins. Their stories reveal that we have entered a new phase of civil rights and need to refresh our vision.

This concise but comprehensive book lays out specific answers to myriad topical questions about free speech law, and also general explanations of how and why the law distinguishes between protected and punishable speech. The book focuses on modern First Amendment law, explaining the historic factors that propelled its evolution in a more speech-protective direction—in particular, the Civil Rights Movement. It highlights the many cases, involving multiple issues, in which robust speech-protective principles aided advocates of racial justice and other human rights causes.

In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that "dumb son of a bitch Earl Warren." This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.

Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.

Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to these problems. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He assesses our nation's ethic of meritocratic justice in light of Scripture and exposes the theologies that embolden mass incarceration.

Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits skyrocketed....

The Supreme Court's decision in Brown v. Board of Education is widely considered a seminal point in the battle to end segregation, but it was in fact the culmination of a decades-long legal campaign. Root and Branch is the epic story of the two fiercely dedicated lawyers who led the fight from county courthouses to the marble halls of the Supreme Court, and, in the process, laid the legal foundations of the civil rights movement.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

Nazir Afzal knows what it’s like to break the glass ceiling, challenge prejudice and shake up predominantly white institutions. Born in Birmingham to first generation Pakistani immigrants, he was the first Muslim to be appointed as a chief crown prosecutor and the most senior Muslim lawyer in the Crown Prosecution Service. His insights into the UK’s relationship with race and power have driven him to demand answers to an age-old question around Britain’s diversity failings: why does ethnic minority talent continue to be side-lined?

Most Americans still see Brown v. Board of Education as a triumph - but was it? James T. Patterson shrewdly explores the provocative questions that still swirl around the case. A wide range of characters animates the story, from the little-known African-Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision.

For a century, the American Civil Liberties Union has fought to keep Americans in touch with the founding values of the Constitution. As its centennial approached, the organization invited Ellis Cose to become its first ever writer-in residence, serving as an "embedded journalist" with complete editorial independence. The result is Cose's groundbreaking Democracy, If We Can Keep It: The ACLU and Its 100-Year Battle for Our Rights, the most authoritative account ever of America's premier defender of civil liberties.

Vor dem Gesetz sind alle gleich. Doch was geschieht, wenn geltendes Recht nicht mehr für jeden gilt und nicht ausnahmslos greift? Wenn gefällte Urteile nicht vollzogen werden? Wenn der Staat auf neue Entwicklungen in Zeiten von Digitalisierung und Globalisierung nicht angemessen reagiert? Wenn die Balance zwischen Freiheit und Sicherheit zunehmend zu Lasten der Freiheit verloren geht? Wenn zwar der Sozialstaat weiter ausgebaut wird, die Kernaufgaben des Rechtsstaates aber vernachlässigt werden?

One in 10 American children has a parent under criminal justice supervision - incarcerated, on probation, or on parole. One in 33 American children - and one in eight African American children - goes to sleep without access to a parent because that parent is in jail. Despite these staggering numbers, the children of prisoners remain largely invisible to society. Journalist Nell Bernstein shows, through the deeply moving stories of real families, how the children of the incarcerated are routinely punished for their parents' status.

How Sex Became a Civil Liberty is the first book to show how and why we have come to see sexual expression, sexual practice, and sexual privacy as fundamental rights. Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions.

Dovey Johnson Roundtree was most famous for her successful defense of an indigent Black man accused of the murder of Mary Pinchot Meyer, a prominent White Washington, DC, socialite, in 1965. Despite her triumph in this high-profile case, Roundtree continued to represent the poor and the underserved. She was the first lawyer to bring a bus-desegregation case before the Interstate Commerce Commission, clinching the ruling that enabled Robert F. Kennedy to enforce bus integration. She was also among the first Black women to enter the Women’s Army Auxiliary Corps.

Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner - now wife - Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.