In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.

Unlike many of today’s humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned “cruelty” into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.

In Ripples of Hope, Robert M. Press tells the stories of mothers, students, teachers, journalists, attorneys, and manyothers who courageously stood up for freedom and human rights against repressive rulers “ and who helped bring about change through primarily nonviolent means. Global in application and focusing on Kenya, Liberia and Sierra Leone, this tribute to the strength of the human spirit also breaks new ground in social movement theories, showing how people on their own or in small groups can make a difference.

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from the centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven D. Smith says in this incisive examination of a much-mythologized subject. He makes the case that the American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and freedom of conscience.

Smith maintains that the distinctive American contribution to religious freedom was not in the First Amendment, which was intended merely to preserve the political status quo in matters of religion. What was important was the commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Rather than upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

A long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover.

In the 1930s and ’40s, Morris Ernst was one of America’s best-known liberal lawyers. The ACLU’s general counsel for decades, Ernst was renowned for his audacious fights against artistic censorship. He successfully defended Ulysses against obscenity charges, litigated groundbreaking reproductive rights cases, and supported the widespread expansion of protections for sexual expression, union organizing, and public speech. Yet Ernst was also a man of stark contradictions, waging a personal battle against Communism, defending an autocrat, and aligning himself with J. Edgar Hoover’s inflammatory crusades.

Arriving at a moment when issues of privacy, artistic freedom, and personal expression are freshly relevant, The Rise and Fall of Morris Ernst, Free Speech Renegade brings this singularly complex figure into a timely new light. As Samantha Barbas’s eloquent and compelling biography makes ironically clear, Ernst both transformed free speech in America and inflicted damage to the cause of civil liberties. Drawing on Ernst’s voluminous cache of publications and papers, Barbas follows the life of this singular idealist from his pugnacious early career to his legal triumphs of the 1930s and ’40s and his later idiosyncratic zealotry. As she shows, today’s challenges to free speech and the exercise of political power make Morris Ernst’s battles as pertinent as ever.
 

When Steven Burd, CEO of the supermarket chain Safeway, cut wages and benefits, starting a five-month strike by 59,000 unionized workers, he was confident he would win. But where traditional labor action failed, a novel approach was more successful. With the aid of the California Public Employees’ Retirement System, a $300 billion pension fund, workers led a shareholder revolt that unseated three of Burd’s boardroom allies.

In The Rise of the Working-Class Shareholder: Labor's Last Best Weapon, David Webber uses cases such as Safeway’s to shine a light on labor’s most potent remaining weapon: its multitrillion-dollar pension funds. Outmaneuvered at the bargaining table and under constant assault in Washington, state houses, and the courts, worker organizations are beginning to exercise muscle through markets. Shareholder activism has been used to divest from anti-labor companies, gun makers, and tobacco; diversify corporate boards; support Occupy Wall Street; force global warming onto the corporate agenda; create jobs; and challenge outlandish CEO pay. Webber argues that workers have found in labor’s capital a potent strategy against their exploiters. He explains the tactic’s surmountable difficulties even as he cautions that corporate interests are already working to deny labor’s access to this powerful and underused tool.

The Rise of the Working-Class Shareholder is a rare good-news story for American workers, an opportunity hiding in plain sight. Combining legal rigor with inspiring narratives of labor victory, Webber shows how workers can wield their own capital to reclaim their strength.

The present work is the only complete translation into English of a Middle Persian text written about 955 A.D. which tells us about the legal problems of Zoroastrians living in Iran under Muslim rule. The form of the book is a series of dogmatic questions and answers which present a kind of compilation of Zoroastrian religious, social, and civil laws. The dialogue comprises some of the rules and institutions which grew out of and were intimately connected with the Zoroastrian religion that dominated Persian life and thought during the Sasanian era and also the period immediately following the advent of Islam.

Nezhat Safa-Isfehani has carefully compared other juridical works in Pahlavi with the present text and has taken into account studies on the present Rivāyat made by other scholars.

Rome was the law-giver for much of the modern world. She was also the greatest military power of antiquity, operating her military organization with remarkable efficiency and effectiveness throughout most of the then-known world. In view of the importance of both the legal and military aspects of the Roman Empire, an account of their combination in a system of disciplinary control for the Roman armies is of considerable significance to historians in both fields—and, in fact, to scholars in general. In Roman Military Law, C. E. Brand describes this system of control.

Since a characterization of such a system can be made most meaningful only against a background of Roman constitutional government and in the light of ideologies current at the time, Brand follows his initial “Note on Sources” with a sketch of the contemporary Roman scene. This first section includes a discussion of the Roman constitution and an examination of Roman criminal law.

The history of Rome, as a republic, principate, and empire, extended over a period of a thousand years, so any attempt to represent a generalized picture must be essentially a matter of extraction and condensation from the voluminous literature of the whole era. Nevertheless, from the fantastic evolution that is the history of Rome, Brand has been able to construct a more or less static historical mosaic that may be considered typically “Roman.” This comes into sharpest focus during the period of the Punic Wars, when the city and its people were most intensely Roman. The picture of the Roman armies is set into this basic framework, in chapters dealing with military organization, disciplinary organization, religion and discipline, and offenses and punishments.

The final section of the book considers briefly the vast changes in Roman institutions that came about under the armies of the Empire, and then concludes with the Latin text and an English translation of the only known code of Roman military justice, promulgated sometime during the later Empire, preserved in Byzantine literature, and handed down to medieval times in Latin translations of Byzantine Greek law, which it has heretofore been confused.

Asian Americans are the fastest growing racial group in the U.S. and the only majority foreign-born group in the country. With immigration fueling most of the growth, Asians are projected to surpass Hispanics as the largest immigrant group by 2055. Yet, “Asian” is a catch-all category that masks tremendous diversity. In this issue of RSF, sociologist Jennifer Lee and political scientist Karthick Ramakrishnan and an interdisciplinary roster of experts present nuanced narratives of Asian American integration that correct biased assumptions and dispel dated stereotypes. The result is an issue that makes an original and vital contribution to social science research on this understudied population.
 
Rather than treating Asian Americans as a monolithic group, the contributors use the 2016 National Asian American Survey to pinpoint areas of convergence and divergence within the U.S. Asian population. Despite their diversity, Asian Americans share many attitudes, behavior, and experiences in ways that exceed expectations based on socioeconomic status alone— what Lee and Ramakrishnan refer to as the “diversity-convergence paradox.”  This paradox — of convergence despite divergence in national origins and socioeconomic status — is the animating question of this issue of RSF.
 
Contributors Janelle Wong and Sono Shah find strong political consensus within the Asian American population, particularly with regard to a robust government role in setting public policies ranging from environmental protection to gun control to higher taxation and social service provision, and even affirmative action. Wong and Shah posit that political differences within the Asian American community are between progressives and those who are even more progressive. Analyzing where policy opinions converge and diverge, Sunmin Kim finds that while many Asian Americans support government interventions in health care, education, and racial justice, some diverge sharply with regard to Muslim immigration. Lucas G. Drouhot and Filiz Garip construct a novel typology of five subgroups of Asian immigrants spanning class, gender, region, and immigrant generation to examine varied experiences of immigrant inclusion. They show how different subgroups contend with the effects of racialized othering and inclusion simultaneously at play. Van C. Tran and Natasha Warikoo analyze both interracial and intra-Asian attitudes toward immigration and find diversity among Asians’ views by national origin: As labor migrants, Filipinos support Congress increasing the number of annual work visas; as economic migrants, Chinese and Indians support an increase in annual family visas; and as refugees, Vietnamese are least supportive of pro-immigration policies.
 
Placing Asian Americans at the center of their analyses, the contributors illuminate how such a broadly diverse population shares similar attitudes and experiences in often surprising ways. By turning a lens on the richly diverse U.S. Asian population, this issue of RSF unveils comprehensive, compelling narratives about Asian Americans and advances our understanding of race and immigrant integration in the 21st century.
 

The notorious Supreme Court decision Plessy v. Ferguson made state-sanctioned racial segregation the law of the land in the United States in 1896. While the Civil Rights movement and subsequent Supreme Court decisions in the twentieth century did much to mitigate its effects, its consequences reverberate in ways large and small today. This special volume of RSF revisits the legacy of the decision on its 125th anniversary to consider the connection between constitutionally imposed segregation, institutionalized white supremacy, and enduring racial inequality. Edited by john a. powell, Samuel L. Myers, and Susan T. Gooden – eminent scholars in constitutional law, economics, and public administration respectively – the volume includes contributions from an interdisciplinary roster of experts, each offering fresh insights on the doctrine of “Separate but Equal” as it relates to citizenship, colorism, and civil rights in the United States.
 
The contributors grapple with a central overarching question: How is it that a court decision from 125 years ago still has such an enduring impact on racial disparities? john a. powell provides a nuanced overview of the legal context of the case to show that segregation was not only about separating people by race but was primarily about preserving White supremacy. The wide latitude for judicial interpretation granted to judges means that who decides matters, and today, just as much as in 1896, the justices sitting on the Supreme Court matter. If the views of Justice Harlan – the lone dissenter in Plessy – had prevailed, U.S. jurisprudence would look very different today. 
 
Thomas J. Davis discusses how control over personal identity lay at the heart of Plessy, and how its denial of basic human rights and fundamental freedoms reverberates today. From sex and marriage to adoption, gender recognition, employment, and voting, persistent discrimination turns in various degrees on state authority to define, categorize, and deny freedom of personal identity. To ensure personal autonomy in such domains requires the continual reevaluation of U.S. law to recognize the freedom of individuals to define and express their own identities.
 
Looking at enduring educational impact of “Separate but Equal,” which was not entirely rectified by the 1954 decision outlawing school segregation in Brown v. Board of Education, Dania V. Francis and William A. Darity, Jr., link today’s ongoing within-school segregation to the legacy of racialized tracking born from White resistance to desegregation. They demonstrate how a short-term, concerted effort to increase the number of Black high school students taking advanced courses could lead to long-term benefits in closing the educational achievement gap and eliminating institutionalized segregation within our schools.
 
Plessy rightfully stands as one of the continuing stains on the history of our country in its ambivalence and unwillingness to address White dominance. This issue of RSF both corrects and expands the narrative around the Plessy decision, and provides important lessons for addressing the nation’s continuing racial travails. It is ideal for use by scholars, community leaders, and policy makers alike.
 
 

Inmate labor fuels prisons. The incarcerated work in prison industries that collaborate with private corporations. Fair labor laws do not apply to prisons, where it is common for inmates to earn less than one dollar per hour. But involvement with the criminal justice system continues to shape and hinder the future employment and earnings of the formerly incarcerated long after they have been released. In this issue of RSF, edited by sociologist Sandra Susan Smith and legal scholar Jonathan Simon, an interdisciplinary group of scholars analyze how the criminal justice system acts as a de facto labor market institution by compelling or coercing labor from the justice-involved. 

The social and economic effects of criminal justice involvement are widespread, with almost seven million people under some form of direct supervision. The contributors to this issue examine how the criminal justice system affects the livelihood and families of both the incarcerated and formerly incarcerated. Cody Warner, Joshua Kaiser, and Jason Houle explore how “hidden sentences” --restricted access to voting rights, public housing, and professional licensing--negatively impact labor market outcomes for young adults with criminal records. Michele Cadigan and Garbriela Kirk look at the burden of court fees and fines, or legal financial obligations, that place a strain on the work commitments and resources of low-income people. Joe LaBriola sheds new light on how employment affects recidivism; he shows that parolees who find high-quality jobs, such as in the manufacturing industry, are less likely to return to prison than those employed in low-quality jobs. Noah Zatz and Michael Stoll demonstrate how the threat of imprisonment for nonpayment of child support coerces labor among noncustodial fathers, particularly African-American men. Allison Dwyer Emory and her coauthors show that previously incarcerated fathers are less likely to pay either formal or informal cash child support or offer in-kind assistance to their children’s mothers.

This issue of RSF is a timely contribution to the field of scholarly literature that illuminates the far and often destructive reach that the criminal justice system has on those whose lives it touches. It advances our understanding of how the system functions as a labor market institution and the price it extracts from those involved with it. 

 Immigration has long been viewed as both essential to American society and a polarizing political issue. Recent flashpoints around immigration include a U.S. Supreme Court decision upholding the legality of Deferred Action for Childhood Arrivals (DACA), enacted in 2012, to provide a pathway to citizenship for young, undocumented immigrants. The Trump administration has limited visas for foreign workers, banned travelers from predominantly Muslim countries, narrowed asylum-seeking procedures, and increased immigration enforcement. In this issue of RSF, edited by demographer Katharine M. Donato and economist Catalina Amuedo-Dorantes, an interdisciplinary group of scholars traces the history and contemporary landscape of legal immigration to the United States.
Donato and Amuedo-Dorantes outline American immigration policies from 1880 to the present and consider the impact of the COVID-19 pandemic on immigration. They underscore the fact that many recent immigration policies have been a result of presidential executive orders rather than legislative acts, making families and workers who enter the country without proper documentation especially vulnerable. They also examine how and why these orders are often racist and xenophobic, privileging some racial and ethnic groups and excluding others.
 Contributors to the issue investigate the various ways in which immigrants secure visas, working permits, and citizenship in the United States, including through employment and family ties, as well as special statuses for military veterans, refugees, asylum seekers, and unaccompanied minors. Daniel Costa writes about how temporary migrant workers’ precarious immigration status makes them particularly likely to experience workplace abuse because they fear losing their jobs and being deported if they complain about unfair labor practices. Pia Orrenius and Madeline Zavodny consider the substantial increase in employer demand for temporary work visas, demonstrating how improved economic conditions have led to this surge, creating a viable alternative to hiring unauthorized workers. Julia Gelatt uses employment and economic data analysis to compare multiple classes of legal immigrants. Her research demonstrates that employer-sponsored immigrants are better educated, exhibit higher English proficiency, and work in more highly skilled jobs than other types of immigrants (including family-sponsored, humanitarian, and diversity visa immigrants).
            Other contributors examine the experiences of immigrants with special statuses, including veterans. Cara Wong and Jonathan Bonaguro find that Americans are more likely to support a path to citizenship via military service for immigrants who entered the country with the appropriate documentation, and that many Americans believe that undocumented migrants should be barred from the military, Peace Corps, AmeriCorps and firefighting. Van C. Tran and Francisco Lara-García find little variation in early socioeconomic outcomes between refugee groups from various countries. They show that schooling and employment, along with strategic financial, community building, and other support services, are critical factors in the successful integration and improved socioeconomic outcomes of refugees. Luis Edward Tenorio finds that the patchwork of legal systems, including family, immigration, and federal courts that adjudicate the laws for children with special immigrant juvenile status, make for the uneasy and uneven integration of unaccompanied minors into key social institutions.
            This issue of RSF is a timely contribution that will invigorate the field of scholarly work on the American legal immigration system.
 

Each year, gun homicides kill over ten thousand people in the United States. While most guns are initially purchased legally, many enter the underground market and end up in the hands of dangerous offenders, such as gang members and convicted felons. This issue of RSF, edited by public policy scholars Philip J. Cook and Harold A. Pollack, brings together eight articles exploring the markets for guns, both legal and illegal. The contributors draw from new datasets and interviews with inmates to examine how offenders obtain guns. By turning a spotlight on these little-understood supply chains, these chapters provide guidance for stemming the flow of guns to the underground market.
 
Cook and Pollack initiate the discussion with a comprehensive introduction that includes an original framework for understanding the legality of transactions that arm dangerous offenders.  Several contributors review trends in gun ownership across the nation and investigate how guns enter the underground market. Deborah Azrael and coauthors conduct a comprehensive survey of gun owners and find 270 million guns in private circulation. They estimate that 70 million firearms changed hands during a recent five-year period.  Most of those transactions were sales by licensed dealers; Garen Wintemute  reports on a survey of dealers that assesses the wide disparities among them as sources of guns to offenders.  Charles Wellford and coauthors use trace data and prison interviews to study how criminals obtain their guns in three jurisdictions that differ widely with respect to gun regulations and culture. 
 
Other contributors explore the effects of gun regulations and legislation on illegal supply chains. Daniel Webster and coauthors study the effects of Maryland’s 2013 Firearm Safety Act, which required all handgun purchasers to obtain a license. They find that 41 percent of surveyed parolees reported that it was more difficult to obtain a handgun after the law passed due to increased cost, lack of trusted sources, or people being less willing to buy handguns on their behalf. Analyzing over three decades of data on handguns recovered in Boston, Anthony Braga shows that fewer guns are illegally obtained from states that adopt legislation restricting buyers to one gun per month.  George Tita and coauthors  report the results of an inmate survey in Los Angeles in which they explored respondents’ knowledge of gun laws.  These findings suggest that laws aimed at legal gun transactions may also decrease the entry of guns into the underground market. 
 
The rate of gun violence in the U.S. surpasses that of any other advanced nation. This issue of RSF offers new empirical research on the underground market that arms dangerous criminals and provides a rich foundation for policies designed to curb gun violence.

Winner of the Julia Ward Howe Prize

“The gripping story of the most important environmental law case ever decided by the Supreme Court.”
—Scott Turow

“In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.”
—Bill McKibben, author of The End of Nature

On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so?

The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand.

“There’s no better book if you want to understand the past, present, and future of environmental litigation.”
—Elizabeth Kolbert, author of The Sixth Extinction

“A riveting story, beautifully told.”
—Foreign Affairs

“Wonderful…A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.”
—Science

Russian Citizenship is the first book to trace the Russian state’s citizenship policy throughout its history. Focusing on the period from the mid-nineteenth century to the consolidation of Stalin’s power in the 1930s, Eric Lohr considers whom the state counted among its citizens and whom it took pains to exclude. His research reveals that the Russian attitude toward citizenship was less xenophobic and isolationist and more similar to European attitudes than has been previously thought—until the drive toward autarky after 1914 eventually sealed the state off and set it apart.

Drawing on untapped sources in the Russian police and foreign affairs archives, Lohr’s research is grounded in case studies of immigration, emigration, naturalization, and loss of citizenship among individuals and groups, including Jews, Muslims, Germans, and other minority populations. Lohr explores how reform of citizenship laws in the 1860s encouraged foreigners to immigrate and conduct business in Russia. For the next half century, citizenship policy was driven by attempts to modernize Russia through intensifying its interaction with the outside world. But growing suspicion toward non-Russian minorities, particularly Jews, led to a reversal of this openness during the First World War and to a Soviet regime that deprived whole categories of inhabitants of their citizenship rights.

Lohr sees these Soviet policies as dramatically divergent from longstanding Russian traditions and suggests that in order to understand the citizenship dilemmas Russia faces today—including how to manage an influx of Chinese laborers in Siberia—we must return to pre-Stalin history.