By Paul Gowder

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.

Oxford; London; New York: Hart, 2021. 215p.

By The U.S. Civil Rights Commission

The U.S. Commission on Civil Rights last addressed civil rights and constitutional concerns in connection with the immigration detention of families and children, including conditions of detention centers in its 2015 report, With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities(“2015 Report”).  In 2018, public reports documented worsening conditions at the southern border. Changes in federal policy further resulted in substantially increased law enforcement activity at the southern border and the separation of thousands of migrant children from their parents. Recent developments have resulted in serious civil rights implications, including the protection of the physical and mental well-being of both adult and child immigration detainees and their due process rights. In light of these concerns the Commission formed a bipartisan subcommittee and reopened its 2015 Report to update its investigation of the immigration detention of families and children.  The subcommittee ) sought information from the Departments of Homeland Security and Health and Human Services, ) held a public comment session where it took in testimony from experts, impacted individuals, witnesses to the impacts of family separation, and other interested members of the public, and solicited written comments from the public….

Washington, DC: USCCR, 2019. 208p.

By Nancy Rodriguez and Rebecca Tublitz    

  Immigrants represent a substantial part of the United States: today, 41 million immigrants reside in the U.S., representing 13 percent of the population. Migration of people from different parts of the world to the U.S. have led to dramatic changes in the racial and ethnic make-up of the population. In 1970, Latinos represented 4.6 percent of the U.S. population. Today, just under 1 in 5 people in the U.S. self-identifies as being of “Hispanic or Latino origin”, making it the second largest racial or ethnic group after Whites.1 The 62 million people across the U.S. who identify as Latino represent an enormously diverse array of communities in terms of ethnic heritage, migration histories, citizenship status, and language. Latinos also identify with a wide variety of racial categories, including Black, White, multi-racial, and other.2 However, as the Latino population has grown, so too has the criminal justice system. Since 1970, the U.S. experienced unprecedented growth in the size and scale of its criminal justice system, driven largely by policies favoring the increased use of arrest and incarceration for offenses both minor and more severe.3 Today, 1.2 million people are incarcerated in the nation’s state and federal prisons, while nearly 550,000 are held in jail.4 Annually, almost 9 million are arrested and booked into jail each year. …

Irvine, CA:  UCI School of Sociology: Department of Criminology, Law and Society     2023. 31p.

By The Criminal Justice Alliance

  This study seeks to expand on the limited evidence published to date on the experiences of Black, Asian and minority ethnic women prisoners3 (Buncy and Ahmed, 2014; Cox and Sacks-Jones, 2017; Prison Reform Trust, 2017). It aims to better understand and amplify the diverse experiences of Black, Asian and minority ethnic prisoners, including Gypsy, Roma and Traveller people, as well as foreign nationals, across the women’s prison estate in England. This report recognises that the survey respondents are not a homogenous group. They encompass various identities and ethnicities, resulting in a range of lived experiences, both between and within groups. The discrimination experienced by Black, Asian and minority ethnic prisoners held in women’s establishments is multi-layered, with intersectional identities: ethnicity, race, religion, social class, sexual orientation, nationality and gender. Intersectionality recognises that, as individuals are made up of several identities, they may experience multiple interwoven prejudices. For example, women may experience gendered discrimination, and women from minoritised communities could simultaneously face additional forms of discrimination. The findings in this report were gathered by interviewing and surveying individuals within the project’s scope. It presents their perception of (un)fair treatment and the extent to which the prison meets their cultural needs. It provides further detail on incidents of discrimination and the establishment’s response. It addresses the language barriers faced by those whose first language is not English. It also provides examples of positive practice and suggestions for future activities that raise awareness of cultural practices and celebrate religious traditions.  

London: The Criminal Justice Alliance, 2022. 84p.