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Posts tagged equity
Habeas Corpus after 9/11: Confronting America’s New Global Detention System

By Jonathan Hafetz

The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law.

Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running.

In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power

New York; London: NYU Press, 2011. 331p.

Adolescence, Discrimination, and the Law: Addressing Dramatic Shifts in Equality Jurisprudence

BY ROGER J. R. LEVESQUE  

In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way.

This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life.

Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.

New York; London: New York University Press, 2015. 304p.

Refugees and the Ethics of Forced Displacement

By Serena Parekh

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states.

New York; London: Routledge, 2017. 171p.

Whistleblowing for Change: Exposing Systems of Power and Injustice

Edited by Tatiana Bazzichelli

The courageous acts of whistleblowing that inspired the world over the past few years have changed our perception of surveillance and control in today's information society. But what are the wider effects of whistleblowing as an act of dissent on politics, society, and the arts? How does it contribute to new courses of action, digital tools, and contents? This urgent intervention based on the work of Berlin's Disruption Network Lab examines this growing phenomenon, offering interdisciplinary pathways to empower the public by investigating whistleblowing as a developing political practice that has the ability to provoke change from within.

Bielefeld: transcript Verlag, 2021. 377p.