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Author: Ellen Berrey Publisher: University of Chicago Press ISBN: 022646685X Category : Business & Economics Languages : en Pages : 366
Book Description
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: Ellen Berrey Publisher: University of Chicago Press ISBN: 022646685X Category : Business & Economics Languages : en Pages : 366
Book Description
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: ISBN: Category : Biography & Autobiography Languages : en Pages : 376
Book Description
Discusses issues surrounding such cases as Watergate, the Rosenbergs, the Civil Rights Movement, the Taft-Hartley Act, and the McCarthy Committee.
Author: Justine Lacroix Publisher: ISBN: 1108424392 Category : History Languages : en Pages : 269
Book Description
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 Publisher: Oxford University Press, USA ISBN: 0198808399 Category : Law Languages : en Pages : 1057
Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author: Caleb H. Wheeler Publisher: BRILL ISBN: 9004376860 Category : Law Languages : en Pages : 333
Book Description
In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
Author: Richard Price Publisher: University of Pennsylvania Press ISBN: 0812203720 Category : Social Science Languages : en Pages : 288
Book Description
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: Katherine Turk Publisher: University of Pennsylvania Press ISBN: 0812248201 Category : Business & Economics Languages : en Pages : 296
Book Description
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: Kris Perry Publisher: Roaring Forties Press ISBN: 1938901703 Category : Social Science Languages : en Pages : 227
Book Description
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: Thom Brooks Publisher: Routledge ISBN: 1351541005 Category : History Languages : en Pages : 532
Book Description
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: Alan M. Dershowitz Publisher: Grand Central Publishing ISBN: 0759511039 Category : Law Languages : en Pages : 1064
Book Description
The renowned attorney and bestselling author reveals how notable trials throughout our history have helped to shape our nation. Offering insights into the human condition, these trials serve as a historical document, chronicling the struggles and passions of their time.
Author: Ellen Berrey
Author: Ellen Berrey
Author: Arthur Kinoy
Author: Justine Lacroix
Author: Amal Clooney
Author: Caleb H. Wheeler
Author: Richard Price
Author: Katherine Turk
Author: Kris Perry
Author: Thom Brooks
Author: Alan M. Dershowitz