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In the popular imagination, slavery in the United States ended with Abraham Lincoln’s Emancipation Proclamation. The Proclamation may have been limited—freeing only slaves within Confederate states who were able to make their way to Union lines—but it is nonetheless generally seen as the key moment, with Lincoln’s leadership setting into motion a train of inevitable events that culminated in the passage of an outright ban: the Thirteenth Amendment.
 
The real story, however, is much more complicated—and dramatic—than that. With Who Freed the Slaves?, distinguished historian Leonard L. Richards tells the little-known story of the battle over the Thirteenth Amendment, and of James Ashley, the unsung Ohio congressman who proposed the amendment and steered it to passage. Taking readers to the floor of Congress and the back rooms where deals were made, Richards brings to life the messy process of legislation—a process made all the more complicated by the bloody war and the deep-rooted fear of black emancipation. We watch as Ashley proposes, fine-tunes, and pushes the amendment even as Lincoln drags his feet, only coming aboard and providing crucial support at the last minute. Even as emancipation became the law of the land, Richards shows, its opponents were already regrouping, beginning what would become a decades-long—and largely successful—fight to limit the amendment’s impact.
 
Who Freed the Slaves? is a masterwork of American history, presenting a surprising, nuanced portrayal of a crucial moment for the nation, one whose effects are still being felt today.

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights.

Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture.

According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich.

Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

“Diversity” has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences—including race and ethnicity—and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson’s characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.

Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.