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HUMAN RIGHTS

Human Rights-Migration-Trafficking-Slavery-History-Memoirs-Philosophy

Scoping review of mental health in prisons through the COVID-19 pandemic

By Luke Johnson , Kerry Gutridge, Julie Parkes, Anjana Roy, Emma Plugge

Objective To examine the extent, nature and quality of literature on the impact of the COVID-19 pandemic on the mental health of imprisoned people and prison staff. Design Scoping review. Data sources PubMed, Embase, CINAHL, Global Health, Cochrane, PsycINFO, PsychExtra, Web of Science and Scopus were searched for any paper from 2019 onwards that focused on the mental health impact of COVID-19 on imprisoned people and prison staff. A grey literature search focused on international and government sources and professional bodies representing healthcare, public health and prison staff was also performed. We also performed hand searching of the reference lists of included studies. Eligibility criteria for selection of studies All papers, regardless of study design, were included if they examined the mental health of imprisoned people or prison staff specifically during the COVID-19 pandemic. Imprisoned people could be of any age and from any countries. All languages were included. Two independent reviewers quality assessed appropriate papers. Results Of 647 articles found, 83 were eligible for inclusion, the majority (58%) of which were opinion pieces. The articles focused on the challenges to prisoner mental health. Fear of COVID-19, the impact of isolation, discontinuation of prison visits and reduced mental health services were all likely to have an adverse effect on the mental well-being of imprisoned people. The limited research and poor quality of articles included mean that the findings are not conclusive. However, they suggest a significant adverse impact on the mental health and wellbeing of those who live and work in prisons. Conclusions It is key to address the mental health impacts of the pandemic on people who live and work in prisons. These findings are discussed in terms of implications for getting the balance between infection control imperatives and the fundamental human rights of prison populations. 

   BMJ Open 2021;11:e046547. doi:10.1136/ bmjopen-2020-046547  

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On the Ethics and Practicalities of Artificial Intelligence, Risk Assessment, and Race

By Neil R. Hogan, Ethan Q. Davidge and Gabriela Corabian

Artificial intelligence (AI) has been put forth as a potential means of improving and expediting violence risk assessment in forensic psychiatry. Furthermore, it has been proffered as a means of mitigating bias by replacing subjective human judgements with unadulterated data-driven predictions. A recent ethics analysis of AI-informed violence risk assessment enumerated some potential benefits, ethics concerns, and recommendations for further discussion. The current review builds on this previous work by highlighting additional important practical and ethics considerations. These include extant technology for violence risk assessment, paradigmatic concerns with the application of AI to risk assessment and management, and empirical evidence of racial bias in the criminal justice system. Emphasis is given to problems of informed consent, maleficence (e.g., the known iatrogenic effects of overly punitive sanctions), and justice (particularly racial justice). AI appears well suited to certain medical applications, such as the interpretation of diagnostic images, and may well surpass human judgement in accuracy or efficiency with respect to some important tasks. Caution is necessary, however, when applying AI to processes like violence risk assessment that do not conform clearly to simple classification paradigms.  

Journal of the American Academy of Psychiatry and the Law Online Vol. 49, Issue 3 1 Sep 2021

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People on Electronic Monitoring

By Jess Zhang, Jacob Kang-Brown, and Ari Kotler

  Electronic monitoring (EM) is a form of digital surveillance that tracks people’s physical location, movement, or other markers of behavior (such as blood alcohol level). It is commonly used in the criminal legal system as a condition of pretrial release or post-conviction supervision—including during probation, parole, home confinement, or work release. The United States also uses electronic monitoring for people in civil immigration proceedings who are facing deportation. This report fills a gap in understanding around the size and scope of EM use in the United States. The Vera Institute of Justice’s (Vera) estimates reveal that, in 2021, 254,700 adults were under some form of EM. Of these, 150,700 people were subjected to EM by the criminal legal system and 103,900 by U.S. Immigration and Customs Enforcement (ICE). Further investigation revealed that the number of adults placed on EM by ICE more than tripled between 2021 and 2022, increasing to 360,000.1 This means that the total number of adults on EM across both the civil immigration and criminal legal systems likely increased to nearly half a million during that time. From 2005 to 2021, the number of people on EM in the United States grew nearly fivefold—and almost tenfold by 2022—while the number of people incarcerated in jails and prisons declined by 16 percent and the number of people held in ICE civil detention increased but not nearly as dramatically as EM.2 Regional trends in the criminal legal system reveal how EM has been used more widely in some states and cities but increased sharply from 2019 to 2021 across the country: The Midwest has the highest rate of state and local criminal legal system EM, at 65 per 100,000 residents; this rate stayed relatively constant from 2019 to  midyear 2021. In the Northeast, EM rates are the lowest of all the regions at 19 per 100,000 residents, but they increased by 46 percent from 2019 to 2021. The South and West have similar rates, 41 and 34 per 100,000 residents respectively, but the growth rate in the South has outpaced that of the West in recent years—up 32 percent in the South compared to 18 percent in the West. Prior to this report, the most recent estimate of the national EM population was from a 2015 Pew Charitable Trusts study—which studied the use of criminal legal system EM via a survey of the 11 biggest EM companies. For this report, Vera researchers collected data from criminal legal system agencies in all 50 states and more than 500 counties, as well as from federal courts, the Federal Bureau of Prisons, and ICE. Therefore, Vera’s study represents the most comprehensive count of the national EM population to date, as it accounts for the rise of smaller EM companies, immigration system surveillance, and new EM technologies. For this report, Vera researchers also reviewed existing literature and spoke with local officials to better understand the impacts of EM programs. Vera’s findings contradict private companies’ assertions that EM technology is low-cost, efficient, and reliable. EM in the criminal legal system is highly variable and subject to political decisions at the local level. In many jurisdictions, EM is not used as a means to reduce jail populations. Rather, it is often a crucial component of highly punitive criminal legal systems. This challenges the dominant narrative that EM is an “alternative to incarceration.” Nonetheless, this report also highlights several jurisdictions that demonstrate how decarceration can occur alongside reduced surveillance. 

New York: Vera Institute of Justice, 2024. 54p.

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Advancing Transgender Justice: Illuminating Trans Lives Behind and Beyond Bars

By Kelsie Chesnut and Jennifer Peirce

  From 2019 to 2022, the Vera Institute of Justice (Vera), along with Black and Pink National, developed and conducted a large-scale survey of currently incarcerated transgender people regarding their experiences in state prisons. In 2015, Black and Pink National published a landmark survey of more than a thousand LGBTQ+ (lesbian, gay, bisexual, transgender, or queer/questioning) incarcerated people, Coming Out of Concrete Closets. The present survey provides updated information on similar issues as Black and Pink’s 2015 survey but focuses solely on transgender people. Vera and Black and Pink National are grateful to the incarcerated people who took the time to thoughtfully respond to the survey, often sharing sensitive and traumatic experiences. The survey used regular mail to reach participants, who were already connected with Black and Pink National, and this allowed people to respond in 2021–2022 despite ongoing COVID-related constraints on inperson access to prisons. This report highlights the key findings from the survey responses and open-ended comments shared by the 280 people who participated. 1 Vera and Black and Pink National codesigned all stages of this project, with input from researchers and advocates working on this topic. Vera independently managed the data collection, analysis, and production of findings included in this report, with guidance and input from Black and Pink National and an external expert research consultant.2 The goals of this report are to • share the experiences and insights of transgender people living behind bars in state prisons in their own words, • provide policymakers and people who work with incarcerated people with findings that update and expand their understanding of how transgender people in state prisons experience conditions of confinement, • improve correctional policy and practice as it relates to transgender people who are incarcerated in the United States, and  • contribute to a larger national discussion about incarceration and decarceration in a way that advances transgender justice.  

New York: Vera Institute of Justice, 2024. 96p.

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PROJECT 2025: Unveiling the far right’s plan to demolish immigration in a second Trump term

By Cecilia Esterline  

The Heritage Foundation’s Project 2025 is the policy playbook for a second Trump administration, and its impacts on immigration would be far more complex and destructive than previously reported. It isn’t simply a refresh of first-term ideas, dusted off and ready to be re-implemented. Rather, it reflects a meticulously orchestrated, comprehensive plan to drive immigration levels to unprecedented lows and increase the federal government’s power to the states’ detriment. These proposals circumvent Congress and the courts and are specifically engineered to dismantle the foundations of our immigration system. The most troubling proposals include plans to: • Block federal financial aid for up to two-thirds of all American college students if their state permits certain immigrant groups, including Dreamers with legal status, to access in-state tuition. • Terminate the legal status of 500,000 Dreamers by eliminating staff time for reviewing and processing renewal applications. • Use backlog numbers to trigger the automatic suspension of application intake for large categories of legal immigration. • Suspend updates to the annual eligible country lists for H-2A and H-2B temporary worker visas, thereby excluding most populations from filling critical gaps in the agricultural, construction, hospitality, and forestry sectors. • Bar U.S. citizens from qualifying for federal housing subsidies if they live with anyone who is not a U.S. citizen or legal permanent resident. • Force states to share driver’s licenses and taxpayer identification information with federal authorities or risk critical funding. These proposals, along with the others discussed herein, mark a significant divergence from traditional conservative immigration priorities like promoting merit-based immigration, fostering assimilation, and enhancing interior enforcement. Instead, they are designed to cripple the existing immigration system without regard for the extraordinarily harmful effects on the health and wealth of our country. They would weaken our nation’s prosperity and security and undermine the vitality of our workforce, with far-reaching consequences for future generations of Americans. 

New York: The Niskanen Center, 2024. 17p.

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Secondary Actors: the role of smugglers in mixed migration through the Americas

By  Ximena Canal Laiton

This paper explores the use of smugglers by Latin American and Caribbean migrants on their journeys to North America. It is based on responses to more than 3,000 4Mi surveys conducted in Costa Rica, Honduras and Mexico in 2022 and 2023 and includes findings on profiles of migrants who hired smugglers as well as information on the services they sought and their general perceptions of smugglers. As such, this paper provides a wealth of solid empirical evidence with a view to informing the work of policymakers and humanitarian actors.

Geneva, SWIT: Mixed Migration Centre. 2024, 14pg

Comparing Smuggling Dynamics from Myanmar to Malaysia and Thailand

By Shreya Bhat and Hui Yin Chuah

Mixed migration from Myanmar to countries in South and Southeast Asia has become a common phenomenon driven by various factors, including violence, insecurity, conflict, deprivation of rights, and economic reasons. The complexity of migration journeys is evident, often involving transit through multiple locations over extended periods. This report underscores the integral role of smugglers in facilitating migration from Myanmar to Malaysia and Thailand, influenced by a complex interplay of factors that result in considerable variation in the dynamics of smuggling among different population groups and on different routes. Understanding these dynamics is crucial for developing targeted interventions aimed at addressing the vulnerabilities and challenges faced by refugees and migrants in the region.

Geneva, SWIT: Mixed Migration Centre. 2024, 17pg

A Decade of Documenting Immigrant Deaths: Data analysis and reflection on deaths during migration documented by IOM’s Missing Migrants Project, 2014–2023

By Julia Black

Nearly 60 percent of deaths documented during migration are linked to drowning. Search and rescue capacities to assist migrants in distress at sea must be strengthened to help save lives, while working with IOM, partners, and governments to facilitate regular migration pathways. More than two-thirds of those whose deaths were documented through IOM’s Missing Migrants Project are unidentified. Without knowing the fate of migrants from their households and communities, families and those communities of origin must face the lasting impacts of the ambiguous loss of a loved one. More than one in three migrants whose country of origin could be identified come from countries in conflict. This implies attempts to leave areas of conflict without safe pathways to do so. One of IOM’s strategic priorities is to work with countries to facilitate safe, regular, and orderly pathways to ameliorate unnecessary loss of life through dangerous, irregular means.   

Berlin: Global Migration Data Analysis Centre (GMDAC) International Organization for Migration (IOM). 2024, 19pg

Human Trafficking During the COVID and Post-COVID Era

By Polaris

We have long known human trafficking to be a pervasive and versatile crime, as traffickers and exploiters adjust to changing environments. The COVID-19 pandemic showed us the profound adaptability of human trafficking. A global pandemic did not stop or impede trafficking from happening and, with few exceptions, did not seem to change how it happens or to whom it happens. In this report, we examine data from the National Human Trafficking Hotline from January 2020 through August 2022 and explore a snapshot of the top findings of human trafficking during the calamitous pandemic years. We provide top trends and answers to questions we typically report on as a part of our data analysis, and introduce how select trends that began early in the pandemic changed or continued as the crisis evolved. 

Washington, DC: Polaris. 2024, 10pg

Asset Recovery and Restitution Leveraging Inter-agency and Multi-stakeholder Cooperation to Facilitate Compensation for Victims and Survivors of Forced Labour and Human Trafficking

By Andy Shen and Loria-Mae Heywood  

new report published today by UNU-CPR’s Finance Against Slavery and Trafficking (FAST) initiative argues that a small but significant change to the international anti-money laundering regime – the laws, regulations, and procedures used to tackle money laundering – could have enormous consequences for the fight against human trafficking and forced labour.    

Making knowingly benefitting from human trafficking or forced labour a predicate offense to money laundering, the report stresses, would close the gap between the billions generated from these crimes and the meagre compensation provided to its victims and survivors. This is a challenge that persists despite international law codifying remedy for human rights violations.

New York: United Nations University Centre for Policy Research. 2023, 112pg

Mapping the online landscape of risks of trafficking in human beings on sexual services websites across the OSCE region

By OSCE - Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings

First of its kind, this report was designed to identify — in 40 OSCE participating States — the market-leading online sites and platforms for the explicit and non-explicit selling of sexual services where victims of THB for sexual exploitation could be advertised. The report's findings are based on the mapping and analysis of almost 2,900 sex services websites across the OSCE region, containing over 3 million advertisements; detailed information about how these websites operate is provided. The research also lists information and data associated with the sites and, through an analysis based on trafficking indicators, examines whether they can be exposed to human trafficking's risks.

Vienna: OSCE. 2023, 40pg

The Fiscal Impact of Refugees and Asylees at the Federal, State, and Local Levels from 2005-2019

By Robin Ghertner, Suzanne Macartney and Meredith Dost

Between 1990 and 2022, the United States welcomed over 2.1 million refugees and accepted over 800,000 asylees. While the purpose of granting visas to refugees and asylees is humanitarian, they do impact the United States economically. This analysis estimates the fiscal impact of refugees and asylees on federal, state, and local governments from 2005 to 2019.

Key Points

  • The net fiscal impact of refugees and asylees was positive over the 15-year period, at $123.8 billion. This means that refugees and asylees contributed more revenue than they cost in expenditures to the government. The net fiscal benefit to the federal government was estimated at $31.5 billion, and the net fiscal benefit to state and local governments was estimated at $92.3 billion.

  • Governmental expenditures on refugees and asylees totaled an estimated $457.2 billion over the 15-year period. Expenditures by the federal government represented 72.5 percent of the total, at $331.5 billion. State and local government expenditures were 27.5 percent of the total, at $125.7 billion.

  • Refugees and asylees contributed an estimated $581 billion in revenue to federal, state and local governments. They contributed an estimated $363 billion to the federal government through payroll, income, and excise taxes, and $218 billion to state and local governments, through income, sales, and property taxes.

  • Including refugees and asylees and their spouses and children under age 18, most of whom are U.S. citizens, expenditures totaled $723.4 billion. Refugees, asylees, and their immediate families contributed an estimated $739.4 billion in revenue to all levels of government.

  • When compared with the total U.S. population on a per capita basis, refugees and asylees had a comparable net fiscal impact.

Washington, DC: U.S. Department of Health and Human Services, 2024. 53p.

Transit migration and crime: Evidence from Colombia

By  Ramón Rey, Günther G. Schulze, Nikita Zakharov   

This paper investigates the effect of Venezuelan transit migration on crime rates in Colombia. We exploit the reopening of the Venezuela-Colombia border in 2016, which has led to a surge in transit migration, and geospatial information about the distinct routes through which the migrants crossed Colombia. Employing a difference-in-differences approach and propensity score matching, we find that transit migration increased property crime rates in crossed municipalities, with both native Colombians and Venezuelan refugees seeing higher victimization rates. Violent crimes remained unaffected. This is the first study to document a link between transit migration and crime.

Discussion Paper Series, No. 44, University of Freiburg, Department of International Economic Policy (iep), Freiburg i. Br. 

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Punishing compassion: Solidarity on Trial in Fortress Europe

By Amnesty International

In recent years, human rights defenders and civil society organizations that have helped refugees and migrants have been subjected to unfounded criminal proceedings, undue restrictions of their activities, intimidation, harassment, and smear campaigns in several European countries. Their acts of assistance and solidarity have placed them on a collision course with European migration policies. These policies are aimed at preventing refugees and migrants from reaching the EU, at containing those who make it to Europe in their first country of arrival, and at deporting as many as possible back to their countries of origin.

By rescuing refugees and migrants in danger at sea or in the mountains, offering them food and shelter, documenting police and border guard abuses, and opposing unlawful deportations, human rights defenders have exposed the cruelty caused by immigration policies and have become themselves the target of the authorities. Authorities and political leaders have treated acts of humanity as a threat to national security and public order, further hindering their work and forcing them to divest their scarce resources and energy into defending themselves in court.

This report shows how European governments, EU institutions and authorities have deployed an array of restrictive, sanctioning and punitive measures against individuals and groups who defend the rights of people on the move, including by using immigration and counter-terrorism regulations to unduly restrict the right to defend human rights.

London, Amnesty International. 2020, 92pg

Resilience and resistance in Defiance of the Criminalisation of Solidarity Across Europe

By Marta Gionco and Jyothi Kanics 

The European Union (EU) is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights.8 The Treaty on European Union (TEU) underlines that these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and gender equality prevail.9

Yet, in recent years, these values have been under threat within the EU, as many Member States’ policies and actions have led to a “shrinking space” for civil society. Perhaps this trend is nowhere more evident than in the treatment of migrants in Europe and the human rights defenders working to assist them. The “criminalisation of solidarity” strikes at the heart of European values and contributes to the erosion of rule of law and democracy, while seriously impacting the rights and welfare of the most vulnerable in our societies and those who seek to protect and assist them. The criminalisation of solidarity with migrants remains a widespread phenomenon across the EU. According to our media monitoring, at least 89 people were criminalised in the EU between January 2021 and March 2022.10 Out of them, 18 people faced new charges, while the other 71 were ongoing cases from previous years. Four of them are migrants themselves. Three people were convicted and 15 acquitted, while all the other cases are still ongoing. People have been criminalised for actions including providing food, shelter, medical assistance, transportation and other humanitarian aid to migrants in dire conditions; assisting with asylum applications; and rescuing migrants at sea. In the vast majority of the cases (88%), human rights defenders were charged with facilitation of entry, transit or stay, or migrant smuggling (depending on how the crime is defined in the national legislation).11 It is also notable that the criminalisation of solidarity has continued, and in certain cases even soared (see section 1.2), during periods in which many countries adopted COVID-19 restrictions, at a time when human rights defenders risked their own personal safety and health to leave their homes to help others. Emergency measures adopted to address the COVID-19 pandemic have been used to limit access to reception facilities and detention centres, to impose fines on organisations providing services during lock-downs or after the curfew, and to limit the right to freedom of assembly. National data further contributes to give an idea of the magnitude of the criminalisation of solidarity in the EU. For example, according to the Polish civil society network Grupa Granica, nearly 330 people were detained for helping people crossing borders irregularly between Belarus and Poland between August and November 2021.12 Those detained include EU nationals as well as migrants and their family members, many of whom had residence permits in Belgium, Germany and Poland. Many are likely to have been motivated by humanitarian reasons, including helping family members. In another example, a total of 972 people were convicted in Switzerland in 2018 on grounds of facilitation of irregular entry or stay.13 The vast majority, almost 900 people, acted out of solidarity or family reasons.

Belgium, PICUM. 2022, 66pg

Preventing Harm, Promoting Rights, Achieving Safety, Protection and Justice for People with Insecure Residence Status in the EU

By  Alyna C. Smith and Michele LeVoy

  Impact of insecure residence status on safety and access to justice The criminalisation of irregular migration makes people who are undocumented fearful of engaging with public authorities, and especially with the police, because of the risk that they will be detained and ordered to leave the territory as a result. This distrust is worsened by policing and surveillance of migrant and minority communities. The detention and deportation of people who have experienced abuse and mistreatment is a form of secondary victimisation. The systematic failure of the state to recognise, investigate and remedy abuses committed against undocumented victims denies them recognition and accountability.   

Belgium, PICUM, 2021, 44pg

The Awakening of Europe

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By Philippe Wolff. Translated from the French by Anne Carter

"The Awakening of Europe" by Philippe Wolff, masterfully translated from the original French by Anne Carter, takes readers on a captivating journey through the tumultuous period of Europe's awakening. Through meticulous research and vivid storytelling, Wolff delves into the intricate tapestry of European history, unraveling the political upheavals, cultural shifts, and intellectual revolutions that shaped the continent. From the Renaissance to the Reformation, from the Age of Exploration to the Enlightenment, this book illuminates the pivotal moments that defined Europe's trajectory. With a keen eye for detail and a narrative that seamlessly weaves together disparate threads of history, Wolff's work transcends borders and languages to offer a compelling exploration of Europe's profound transformation. "The Awakening of Europe" is a must-read for history enthusiasts, students, and anyone curious about the forces that shaped the modern world.

Penguin, 1968, 314 pages

Barbarism and the Fall of Rome

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By Edward Gibbon

In "Barbarism and the Fall of Rome," Edward Gibbon masterfully analyzes the decline of the once-mighty Roman Empire. Delving into the intricate interplay of political corruption, economic instability, and relentless barbarian invasions, Gibbon presents a compelling narrative of Rome's gradual collapse. Drawing upon extensive research and a keen historical insight, the author unravels the complex factors that led to the downfall of this ancient superpower. A seminal work in the study of Roman history, Gibbon's magnum opus remains a timeless exploration of the consequences of hubris, decadence, and external pressures on the fate of civilizations.

Collier Books, 1962, 382 pages

Christians and the Fall of Rome

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By Edward Gibbon

In "Christians and the Fall of Rome," renowned historian Edward Gibbon delves into the intricate relationship between the rise of Christianity and the decline of the Roman Empire. Through meticulous research and insightful analysis, Gibbon explores the impact of Christianity on the social, political, and cultural fabric of Rome during its final years. He weaves a compelling narrative that examines the intersection of faith and power, shedding light on how religious dynamics played a pivotal role in shaping the course of history. This seminal work offers a thought-provoking perspective on a crucial period in Western civilization and continues to be a cornerstone in the study of antiquity.

Penguin, 2004, 90 pages

Clemency & Cruelty in the Roman World

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By Melissa Barden Dowling

Clemency & Cruelty in the Roman World delves into the intricate complexities of power, justice, and morality in ancient Rome. Melissa Barden Dowling expertly navigates through the historical landscape filled with tales of both compassion and ruthlessness, shedding light on the stark realities of Roman governance.

Through meticulous research and insightful analysis, Dowling explores the dual nature of Roman rulers — their capacity for clemency in granting mercy, contrasted with their inclination towards cruelty in enforcing dominance. By examining a wide array of historical sources and narratives, the book offers a compelling narrative that challenges conventional views on Roman justice and authority.

Spanning from the heights of the Roman Empire to its darkest days, Clemency & Cruelty in the Roman World presents a thought-provoking exploration of how power dynamics shaped the foundations of Roman society. Dowling’s work serves as a captivating journey into the heart of Roman civilization, inviting readers to reconsider their perceptions of ancient governance and the enduring legacies of clemency and cruelty.

University of Michigan Press, 2006, 366 pages