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By 1948, the trials had far exceeded estimates for their original time frame. This chapter looks at the effects the growing distance from the occupation had on court practice and the broader administration of the trials. It highlights how the unexpectedly long duration of the trials confronted the Ministry of Justice and the Director of Public Prosecutions with two specific challenges: firstly, it emerged that verdicts had been handed down unevenly over time; secondly, broader attitudes towards the trials in civil society had by now changed perceptibly. At the same time, the authorities in charge of the trials had a number of reservations against changing their legal parameters, as they were concerned for their long-term legacy should they be softened. This fundamental tension, along with the decision not to prosecute a number of wartime crimes such as economic collaboration, defined the later stages of the trials.
This chapter explores how contemporary novelist Kamila Shamsie adapts dramatic forms to stage ideological and ethical conflicts in her works, focusing on her acclaimed 2017 novel Home Fire in particular. Through a discussion of Home Fire’s thematic and formal reworking of Sophocles’ Antigone in the context of contemporary debates about citizenship and civil rights in the UK, the chapter investigates the ways in which Shamsie’s novelistic dramatisation of ideas engenders a critique of the politics of belonging in the post-9/11 age. In particular, the chapter focuses on the staging of competing ethical and political demands via interpersonal conflict, the use of multi-perspectival narration to critically refract contemporary concerns about citizenship and civil rights, and the representation of forms of mediation and public discourse in Shamsie’s novel.
This article considers a significant but overlooked set of policy developments in the latter half of the twentieth century: the extension of collective bargaining rights to most health care workers, many of whom were formally excluded for three decades under the 1947 Taft-Hartley amendments. Drawing on primary sources including archival records, an exhaustive review of congressional testimony, and rulings from the quasijudicial agency governing private sector industrial relations, this article shows that health care workers did so in two interrelated processes. First, in coordination with the civil rights movement, workers mobilized and used both disruptive and legal social movement tactics. Second, in doing so they drew the state into and revealed its position in the collective bargaining process between workers and health institutions, facilitating what is conceptualized as cross-domain policy feedback. Cross-domain policy feedback occurs when a policy in one domain (e.g., public health spending) influences the politics of a policy in a seemingly separate one (e.g., labor and employment relations). Such effects, this article suggests, are likely to occur when a policy is relatively large in scale, implicates actors with a diverse set of interests, and offers significant ambiguity and discretion in its implementation. Empirically, this article is the first to chart the institutionalization of collective bargaining rights for health care workers, among the largest group of private sector employees in the postindustrial economy. It also offers a new theoretical and conceptual framework through which to study the ways by which public policies reshape political dynamics—an enduring research agenda for students of American politics and policy.
The UN Convention on the Rights of the Child created a legal subject without the possibility for children to exercise any agency in the making of their own identity. What differs between the child-rights identity based on age and a socially constructed identity, and self-identification is that age is a random event free from choice, detached from family context, delinked from any social context and disconnected from one’s self-image.
This chapter explains different definitions of citizenship including citizenship as status, as rights, as participation, and as identity. It highlights key immigration laws and periods of immigrant inclusion and exclusion. The chapter also presents basic data on demographic change through American political history.
Andrew Kahrl's The Black Tax is a sweeping and insightful history of the local property tax in the United States from Reconstruction onward that speaks eloquently to urban history, tax history, and histories of capitalism and race in the United States. Kahrl exposes the relentless process of dispossession and exploitation, captive taxpayers and fiscal apartheid within the local property tax that has overtaxed Black Americans by over $275 billion, cost $326 billion in land loss, and created a generational wealth difference compounded into trillions. But Kahrl is not focused only on individual loss or even community dispossession, but on entrenched systems of legalized theft built into the local property tax that have reinforced themselves over time through the most localized bureaucratic subjectivity and bias, such that poor cities are now left with few fiscally sustaining options other than preying on their poorest citizens.
Whether by reevaluating previously underappreciated factors or by uncovering new source material, historical scholarship occasionally makes immediate and simultaneous interventions in both academic and public-facing conversations.1 Andrew Kahrl's The Black Tax is one such work, and actually accomplishes these two tasks admirably. In the last two decades, scholars have investigated African American ownership of real property in land and homes, as well as the ways that governmental and private actors, policies, and practices have impaired Black people's ability to acquire and accumulate wealth in this country.2 This body of scholarship, alongside the work of public intellectuals, has served to jumpstart discussion around the issue of reparations.3 Prior to the release of Kahrl's illustrious book, however, no one had identified property taxes as lying at the very center of race-based structural inequality.4
When African-American history is done well, it allows us to see the places where inequality hides. Scholars in the areas of the history of capitalism, African-American history, and urban studies have popularized the language of historical phenomena such as white flight, redlining, and privatization, in the process of explaining the origins of contemporary challenges. A reasonably educated person understands that deindustrialization at mid-century led to job losses. Every May, pundits write essays about the failure to equalize schools as the nation memorializes the anniversary of the Brown v. Board of Education decision. Popular journalists Ta-Nehisi Coates and Nicole Hannah-Jones owe their careers to their study of historical work in order to leverage public-facing conversations from reparations for slavery to the politicization of the teaching of civil rights. Essentially, good history helps us search for the state practices and policies that soften the blow of inequality, assault human dignity, and normalize poverty. In his deeply researched and thoughtfully written book The Black Tax, Andrew Kahrl addresses another obscure mechanism that has historically worked to dispossess and disadvantage African Americans across regions and generations, and has ensnarled both landowners and tenants. Kahrl's book forces readers and scholars to think about the ways that a lack of federal authority and will to protect Black citizens allowed states and municipalities to assess, tax, and place liens on Black property—from vacant plots to farm land to family homes.
The fight for gay and lesbian rights has become one of the most conspicuous social justice movements in American history. Although numerous scholars and popular writers have detailed the history of the marriage equality movement, the struggle for marriage equality was only one small part of a more than half century-long movement for queer family rights. Decades before the United States became embroiled in debates over same-sex marriage, advocates were working to support and promote the rights of queer couples and their children. Family Matters uncovers this hidden history of gay and lesbian rights advocacy. Instead of focusing on marriage rights, it highlights the legal reforms that predated the marriage equality movement. The introduction sets out the book’s arguments and methodology. As it explains, the transformation of gay and lesbian rights in America depended on advocacy at the state and local levels, as well as the work of nonlegal actors.
In 1960, consensual sodomy was a crime in every state in America. Fifty-five years later, the Supreme Court ruled that same-sex couples had the fundamental right to marry. In the span of two generations, American law underwent a dramatic transformation. Though the fight for marriage equality has received a considerable amount of attention from scholars and the media, it was only a small part of the more than half-century struggle for queer family rights. Family Matters uncovers these decades of advocacy, which reshaped the place of same-sex sexuality in American law and society – and ultimately made marriage equality possible. This book, however, is more than a history of queer rights. Marie-Amélie George reveals that national legal change resulted from shifts at the state and local levels, where the central figures were everyday people without legal training. Consequently, she offers a new way of understanding how minority groups were able to secure meaningful legal change.
Many of the unofficial advocates for states-in-waiting were individuals affiliated or identified with the international peace movement. These transnational advocates often found themselves championing independence struggles in states-in-waiting that were situated within newly decolonized postcolonial nation-states. While some within these postcolonial state governments may themselves have relied on these advocates during their own independence struggles, they opposed such advocacy after they won their independence, since it had the potential to undermine their own state sovereignty. The 1963 Friendship March – launched by the World Peace Brigade, a transnational civil society organization set up to find peaceful solutions to global decolonization, exemplified this contradiction. The Friendship March started in New Delhi, India, and intended to cross the Chinese border in the immediate aftermath of the 1962 Sino-Indian War.
The most glaring disparity in America’s search for equality has been and continues to be slavery and its legacy. In this chapter, we discuss the history of slavery, its purported elimination at the time of the Civil War and through the Reconstruction Amendments to the Constitution, then its reemergence through Jim Crow laws. The unfortunate reality is that the fight for equality is ever present. John Lewis, the long-serving member of the House of Representatives from Georgia, is emblematic of the importance and continuing nature of that fight. As a young man, he was nearly killed on the Edmund Pettus Bridge during the March on Selma. He continued to fight for racial equality throughout his life to the point of penning an op-ed published posthumously in the New York Times just days after his death. The federal government played an essential role in trying to advance the fight for racial equality, primarily through cases such as Brown v. Board of Education and legislation such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Markets did not eliminate racial discrimination; they perpetuated and profited from it.
Leonard Bernstein’s career-long involvement with the New York Philharmonic Orchestra intersected with the Cold War, the Civil Rights movement, and the growth of television. He first conducted the Philharmonic in 1943, at age twenty-five, and his term as music director (1958−69) is remembered as a particularly vibrant period in the orchestra’s history. On taking over that role, Bernstein embarked on an ambitious agenda both for thematic programming, including focuses on American music and the symphonies of Gustav Mahler, and for public-facing initiatives, such as the televised Young People’s Concerts and touring. In addition, Bernstein used his position to highlight the work of solo performers who were members of minority groups, and he oversaw the orchestra during its period of racial integration.
Industry-funded religious liberty legal groups have sought to undermine healthcare policy and law while simultaneously attacking the rights of sexual and gender minorities. Whereas past scholarship has tracked religiously-affiliated healthcare providers’ growing political power and attendant transformations to legal doctrine, our account emphasizes the political donors and visionaries who have leveraged religious providers and the U.S. healthcare system’s delegated structure to transform social policy and bureaucratic agencies more generally.
The year 2023 marked the seventy-fifth anniversary of the publication of Richard Hofstadter's The American Political Tradition: And the Men Who Made It—a bestselling book that captured the imagination of many of Hofstadter's fellow Americans in the early postwar period and, at the same time, defined the terms of argument for much of academic history for the next generation.1 It was also the book my high school teacher, Mr. Backfish, assigned in eleventh-grade Advanced Placement (AP) American History that helped transform me into a historian. So different was it from the dry, conventional textbook in both its riveting, sometimes acerbic prose and its unsentimental view of venerated figures in the American past. I still have my original copy (Figure 1).
The article aims to sketch out the main features of the political culture of the Radical Party (PR). This political culture is paradigmatic of a much broader phenomenon that has affected the politics of Western democracies since the 1970s: the critique of traditional parties in the name of a party model formed by spontaneous groupings of society; the extreme emphasis placed on individual choices in political action, and the programmatic tracing of the latter back to the former; and the call for a less ‘mediated’ relationship between citizens and institutions. Yet, this culture contained certain ingredients that would distance it from the populist forms of the twenty-first century. After grafting anti-authoritarianism onto its liberal matrix the PR identified the promotion of civil rights as the goal and battle for the transformation of the relationship between politics and the citizen. This transformation emphasised the sphere of individual freedom and the liberty to participate in community decisions, and thus implied a transformation of the ways and means of doing politics. In the late 1970s, the PR deepened its critique of parties and partitocracy and, at the same time, emphasised a supranational view of politics, eventually becoming a ‘transnational transparty’ party in 1989.
This textbook looks at the theory of human rights, its historical roots, and goes on to examine several key areas of human rights, including the intersection between human rights and international law, access to treaty-based mechanisms and their practice and case law, international human rights courts and tribunals, including those with a criminal function, justiciability of rights before the courts, civil and political rights, as well as socio-economic rights.
Now in its fourth edition, Bantekas and Oette's textbook on international human rights law is the key text around the globe for both undergraduate- and graduate-level courses in law and other disciplines with a human rights dimension. It covers theoretical approaches to rights as well its practice, from grassroots activism to strategic litigation. In addition to classical topics of human rights, the book includes chapters on the interface between investment/trade and human rights, terrorism, the protection of vulnerable persons (such as LGBTQIA+, persons with disabilities, older persons and others), the rights of women, international criminal and humanitarian law, the right to development and sustainable development, reparations and victims' rights, and many others. It has been widely adopted by instructors across the globe for LLM/JD and LLB courses.
Chapter 8 investigates several aspects of low-road market capitalism across regions of the United States. It tackles Black soldier protest and military discipline, the post-Civil War sale of guns and munitions, and the development of railroads as a physical and economic vehicle for the dispersal of violence in the United States. Labor strikes, the Panic of 1873, and the centrality of the federal governmment to the interests of industrial capitalism are prominent features of this chapter.
Within the framework of the politicization of the personal, this chapter explores the essayistic writing of a loose group of socially conscious actors who belong to the political Left, a capacious category that includes leaders of the civil rights movement, the feminist movement, the New York Intellectuals, the New Left, the environmental movement, and groups with a range of progressive agendas. With a focus on the twentieth century, the wide variety of styles and themes of leftist prose writing is analyzed. The chapter dwells on the contributions of important figures such as Zora Neale Hurston, Randolph Bourne, Jane Addams, Irving Howe, Mary McCarthy, James Baldwin, Eldridge Cleaver, Noam Chomsky, Susan Sontag, N. Scott Momaday, Maxine Hong Kingston, Audre Lorde, Angela Davis, and Richard Rorty. As a form of "prose that thinks," the essay has been an excellent site of intellectual reckoning where writers may publicly take strong positions on various political and social issues, expressing these in a highly personal style.