Results by title

In November 2001, the state of Alabama opened a referendum on its long-standing constitutional prohibition against interracial marriage. A bill on the state ballot offered the opportunity to relegate the state's antimiscegenation law to the dustbin of history. The measure passed, but the margin was alarmingly slim: more than half a million voters, 40 percent of those who went to the polls, voted to retain a racist and constitutionally untenable law.

Julie Novkov's Racial Union explains how and why, nearly forty years after the height of the civil rights movement, Alabama struggled to repeal its prohibition against interracial marriage---the last state in the Union to do so. Novkov's compelling history of Alabama's battle over miscegenation shows how the fight shaped the meanings of race and state over ninety years. Novkov's work tells us much about the sometimes parallel, sometimes convergent evolution of our concepts of race and state in the nation as a whole.

"A remarkably nuanced account of interlocked struggles over race, gender, class and state power. Novkov's site is Alabama, but her insights are for all America."
---Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania

"Hannah Arendt shocked Americans in the 1950s by suggesting that interracial intimacy was the true measure of a society's racial order. Julie Novkov's careful, illuminating, powerful book confirms Arendt's judgment. By ruling on who may be sexually linked with whom, Alabama's courts and legislators created a racial order and even a broad political order; Novkov shows us just how it worked in all of its painful, humiliating power."
---Jennifer L. Hochschild, Henry LaBarre Jayne Professor of Government, Professor of African and African American Studies, and Harvard College Professor

Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education.

McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.

Older--and often economically depressed--industrial cities generally have a number of well located but abandoned industrial sites. Too frequently these sites are heavily polluted by the residue of toxic wastes dumped when old factories were still in use. These "brownfield" sites must be cleaned up under existing law before they can be redeveloped. And yet the question of who will bear the cost of this cleanup frequently stymies efforts to return these sites to productive use. A complicated net of federal, state and local regulations can involve several generations of owners in potential liability for the cleanup, frequently resulting only in extended litigation, not often in the cleanup of the site. In this book, Elizabeth Glass Geltman surveys the laws on both the federal and state level with regard to the cleanup of brownfield sites. The author makes valuable suggestions for reforming these laws that will help encourage land reuse and the accompanying redevelopment of the industrial base of many American cities both large and small.

Elizabeth Glass Geltman is Professor of Law, George Washington University Law School and is the author of many books on environmental law, including Modern Environmental Law: Policy and Practice.

The legal definition of child pornography is, at best, unclear. In part because of this ambiguity and in part because of the nature of the crime itself, the prosecution and sentencing of perpetrators, the protection of and restitution for victims, and the means for preventing repeat offenses are deeply controversial. In Refining Child Pornography Law, experts in law, sociology, and social work examine child pornography law and its consequences in an effort to clarify the questions and begin to formulate answers. Focusing on the roles of language and crime definition, the contributors discuss the increasing visibility child pornography plays in the national conversation about child safety, and present a range of views regarding the punishment of those who produce, distribute, and possess materials that may be considered child pornography.

The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.

The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.

Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.

Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.

Regulatory Justice is based on a case study of two closely linked federal agencies—the Cost of Living Council (CLC) and the Office of Emergency Preparedness (OEP)—which administered a nationwide wage-price freeze in 1971.

Inspired by the University of Illinois's celebration of the Brown v. Board of Education decision's fiftieth anniversary, this collection addresses the significance of Brown in the contributors' lives or work in education and civil rights. Several authors describe their personal roles in the Brown case or similar cases, while others examine and illustrate events, performances, and exhibitions that were part of the anniversary commemoration. The book not only explores the repercussions of the Brown decision, but also stands as a historic document in its own right, preserving the reactions of many prominent intellectuals, artists, and activists fifty years after the decision.
 
Contributors are Kal Alston, Margaret L. Andersen, Kathryn H. Anthony, Nathaniel C. Banks, Bernice McNair Barnett, Christopher Benson, Ed Blankenheim, Julian Bond, Orville Vernon Burton, Jason Chambers, Constance Curry, Joseph A. De Laine Jr., Mary L. Dudziak, Joe R. Feagin, John Hope Franklin, Ophelia De Laine Gona, Lani Guinier, Darlene Clark Hine, Freeman A. Hrabowski III, John Jennings, Ralph Lemon, George Lipsitz, Jim Loewen, Laughlin McDonald, David O'Brien, James C. Onderdonk, Sekou Sundiata, Christopher Teal, Nicholas Watkins, Carrie Mae Weems, Juan Williams, and Joy Ann Williamson.

*Winner of the James S. Donnelly, Sr. Prize 2022*

In Ireland, 2018, a constitutional ban that equated the life of a woman to the life of a fertilized embryo was overturned and abortion was finally legalized. This victory for the Irish feminist movement set the country alight with euphoria. But the celebrations were short-lived - the new legislation turned out to be one of the most conservative in Europe. This book tells the story of the ‘Repeal’ campaign through the lens of the activists.

The authors trace the shocking history of the origins of the eighth amendment, which was drawn up in fear of a tide of liberal reforms across Europe. They draw out the lessons learned through the decades and from the groundbreaking campaign in 2018, which was an inspiring example of modern grassroots activism. They also recount the tensions between a medicalized approach and reproductive justice approach to abortion, as well as the harsh effect of the campaign on the health of activists.

Grounded in a radical feminist politics, this book is an honest and inspirational account of a movement that is only just beginning.

There are more fertility clinics per capita in Israel than in any other country in the world and Israel has the world's highest per capita rate of in-vitro fertilization procedures. Fertility treatments are fully subsidized by Israeli national health insurance and are available to all Israelis, regardless of religion or marital status. These phenomena are not the result of unusually high rates of infertility in Israel but reflect the centrality of reproduction in Judaism and Jewish culture.

In this ethnographic study of the new reproductive technologies in Israel, Susan Martha Kahn explores the cultural meanings and contemporary rabbinic responses to artificial insemination, in-vitro fertilization, egg donation, and surrogacy. Kahn draws on fieldwork with unmarried Israeli women who are using state-subsidized artificial insemination to get pregnant and on participant-observation in Israeli fertility clinics. Through close readings of traditional Jewish texts and careful analysis of Israeli public discourse, she explains how the Israeli embrace of new reproductive technologies has made Jewish beliefs about kinship startlingly literal. Kahn also reveals how a wide range of contemporary Israelis are using new reproductive technologies to realize their reproductive futures, from ultraorthodox infertile married couples to secular unmarried women.

As the first scholarly account of assisted conception in Israel, this multisited ethnography will contribute to current anthropological debates on kinship studies. It will also interest those involved with Jewish studies.

In Reproductive Justice, sociologist Barbara Gurr provides the first analysis of Native American women’s reproductive healthcare and offers a sustained consideration of the movement for reproductive justice in the United States.

The book examines the reproductive healthcare experiences on Pine Ridge Reservation, home of the Oglala Lakota Nation in South Dakota—where Gurr herself lived for more than a year. Gurr paints an insightful portrait of the Indian Health Service (IHS)—the federal agency tasked with providing culturally appropriate, adequate healthcare to Native Americans—shedding much-needed light on Native American women’s efforts to obtain prenatal care, access to contraception, abortion services, and access to care after sexual assault. Reproductive Justice goes beyond this local story to look more broadly at how race, gender, sex, sexuality, class, and nation inform the ways in which the government understands reproductive healthcare and organizes the delivery of this care. It reveals why the basic experience of reproductive healthcare for most Americans is so different—and better—than for Native American women in general, and women in reservation communities particularly. Finally, Gurr outlines the strengths that these communities can bring to the creation of their own reproductive justice, and considers the role of IHS in fostering these strengths as it moves forward in partnership with Native nations. 

Reproductive Justice offers a respectful and informed analysis of the stories Native American women have to tell about their bodies, their lives, and their communities. 

Reversing Field invites students, professionals, and enthusiasts of sport—whether law, management and marketing, or the game itself—to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering new thought and resolution to the vexing legal issues that confront sports in the 21st century.

The DREAM Act, bipartisan legislation first introduced in Congress in 2001, would provide conditional residency for undocumented youth brought to the United States as children. It recognizes that undocumented youth have done nothing wrong and that they should be allowed to work, to go to school, and to travel. The bill makes college more affordable through in-state tuition and gives the undocumented a path to citizenship if they graduate from college or serve in the military. Congress has failed to pass the DREAM Act, and fourteen states have filled the gap by implementing their own laws and policies that provide educational benefits to undocumented students. Right to DREAM makes a compelling argument for the DREAM Act and comprehensive immigration reform. William A. Schwab explores the key issues surrounding this legislation: What are the issues that divide? What do the proponents and opponents of the DREAM Act argue? Is there a middle ground? Is compromise possible? Answering these questions, Schwab explains the legal issues surrounding the education of immigrant children, who immigrates and why, how four waves of immigration have shaped the nation, the effects of immigrants on the U.S. economy and culture, and the process of becoming an American. Schwab analyzes the DREAM Act, deferred action, and immigration policy. He weaves personal stories of undocumented youth throughout the book and advocates for the economic, political, and social benefits of the DREAM Act that would bring undocumented youth out of the shadows and into the mainstream of society.

What role has litigation played in the struggle for equal pay between women and men? In Rights at Work, Michael W. McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades.

Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse—the understanding of legal rights and their constraints—for defining and advancing their cause.

Rights at Work offers new insight into the relation between law and social change—the ways in which grass roots social movements work within legal rights traditions to promote progressive reform.

Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims.

Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.

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.

This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.