Civil Rights

Article focuses on the implementation and protection of human rights through the institutions of civil society. Forms of manifestation of the human rights of the institutions of civil society have been defined. It is found that the relevant institutions are the basis of human rights in this society, including through legal activity of individuals.

The Civil Rights Act of 1964 had the noble goal of eliminating discrimination. Specifically, the Act “addressed and prohibited discrimination in public accommodations, public school education, federally-funded programs, and private sector employment” based on race, sex, religion and other protected classifications. Title VII of the Act was implemented to eliminate discrimination in the workforce and “created an Equal Employment Opportunity Commission (EEOC) to administer and enforce the statute.” Congress, however, only gave the EEOC “the authority to seek enforcement by ‘informal methods of conference, conciliation, and persuasion’ but not the authority to compel compliance.” As written, Title VII was broad and left enforcement ambiguous and violations undefined. Thus, Congress left the task of determining what constituted a violation of the Act, the standards of pleading, and the proof required for successful enforcement of Title VII to the Supreme Court of the United States. Just...

Law School Dean, our faculty and most importantly, to each other. I speak to you today, adhering to our long tradition, to issue you a challenge. Each of you – the 154 who make up the Class of 2015 – has a unique story. Each of you is sitting here because of the faith of the faculty that you " measure up " to those who have gone before you. We know that each of you is fully capable of being a star in life, your law school and in the legal profession. The challenge I issue you today will shortly become clear. Each of you sitting out there has won a seat despite the stiff competition of 2823 applicants this year, 19% more than last year, applying from 30 foreign countries and 49 states. Graduates of 600 colleges and universities – 28 more than last year-applied to the law school this year and again this year, following a trend of the last several years, we admitted a smaller percentage of those who applied – only admitting 21% of our applicants; 3% fewer than last year. Seve...

In the paper, the authors examine the historical context of the origin and development of labor inspection in Bosnia and Herzegovina. The periodization is divided into four periods: the period before the First World War, the period of the Kingdom of SHS/Yugoslavia, the period of socialist Yugoslavia (FNRJ and SFRJ), and the contemporary period of labor inspection in Bosnia and Herzegovina as an independent state. The first period covers the time of Austro-Hungarian rule, starting from 1907 when the Trade Supervision was established by the Order on Trade Supervision. After that, in the newly formed Kingdom of SHS, the state Labor Inspection was established in 1920, and in 1921, the Regulation on Labor Inspection was adopted, followed by the Law on Labor Inspection in 1922. After the Second World War and the establishment of a new socialist government, inspection supervision over the implementation of hygienic and technical safety measures at work, as well as the application of regula...

Kažnjavanje prosjačenja i skitnje relikt je prijašnjih, nedemokratskih pravnih sustava te je neprihvatljivo sa stajališta suvremene demokratske i socijalne ustavne države. Stoga valja izvući pouke iz povijesnoga engleskog iskustva iz razdoblja tzv. siromaškog prava prije negoli se pristupi razmatranju sankcioniranja prosjaka i skitnica u suvremenome hrvatskom pravnom poretku. Ustavni koncept socijalne države i načelo socijalne pravde postavljaju pozitivni zahtjev zakonodavcu na osiguranje minimuma egzistencije siromašnih osoba potrebnog za ostvarenje ljudskog dostojanstva te negativnu obvezu suzdržavanja od sankcioniranja siromašnih. U tom kontekstu neprihvatljivo je kažnjavanje prosjačenja i skitnje u suvremenome hrvatskom pravnom poretku. Jednako je neprihvatljivo oduzimanje prosjačenjem stečene imovinske koristi. S aspekta ustavne vrednote nepovredivosti vlasništva i ustavnog jamstva prava vlasništva ne bi smjelo biti mjesta oduzimanju stvari / gotova novca stečenih na osnovi dar...

Tingkat kesejahteraan penyandang disabilitas masih tergolong rendah. Hal tersebut salah satunya karena akses terhadap kesempatan kerja yang terbatas. Daerah Istimewa Yogyakarta melalui Peraturan Daerah No. 4 Tahun 2012 telah berupaya serius dalam melindungi dan memenuhi hak-hak penyandang disabilitas, khususnya di bidang pekerjaan. Namun, penyerapan tenaga kerja penyandang disabilitas di sektor formal masih rendah. Terbukti, hasil pemantauan Dinas Tenaga Kerja dan Transmigrasi DIY tahun 2016, hanya 24 dari 325 perusahaan yang telah mempekerjakan penyandang disabilitas. Oleh karenanya, penelitian ini bertujuan mengkaji program pemerintah Daerah Istimewa Yogyakarta yang termasuk dalam upaya-upaya mempersiapkan tenaga kerja penyandang disabilitas dan peningkatan kesempatan kerja bagi penyandang disabilitas. Jenis penelitian ini adalah kualitatif deskriptif dengan melakukan wawancara, observasi dan dokumentasi kepada beberapa informan. Objek penelitian ini adalah instansi pemerintah, ya...

Rabbi Fred V. Davidow’s multipart “Reconstructed Rebel: My Journey from Good Ole Southern Boy to Center-Left Democrat” provides the literary ba-sis for the following, redacted selection. Davidow’s manuscript began with his participation in a memoir-writing class at Reform Congregation Keneseth Israel in Elkins Park, Pennsylvania, in February 2020. Retired from active pulpit life, Davidow, who has been keeping notes for the pur-pose of writing a memoir since late childhood, wrote from a twenty-first century perspective selectively concentrating on how he experienced race and ethnicity in his youth and young adult years. Davidow came of age at the beginning of the civil rights movement that would change the Ameri-can South and the American nation. He witnessed many of these changes at the ground level while simultaneously witnessing the resistance to change within the white and Jewish communities as well as the incom-plete success of the civil rights “revolution.”

In October 1973, Greenville, a textile manufacturing center in upstate South Carolina, held a “homecoming” for the city’s most prominent native. The Reverend Jesse Jackson’s homecoming weekend drew extensive coverage in local publications and the Chicago Daily News. Receptions, a parade, and the opportunity to preach a sermon before thousands at the Greenville Memorial Auditorium welcomed him home. The television show Soul Train broadcast live from Greenville in honor of Jackson. Atlanta Braves outfielder Hank Aaron and Michigan congressman John Conyers trav-elled to the city to participate in the weekend. The event gave city leaders an opportunity to promote Greenville as a tolerant city open to new busi-ness opportunities. Conversely, Jackson pressed for greater economic op-portunity and political representation for Greenville’s Black residents.

COVER PICTURE: Viktor Lowenfeld’s oil painting “The Negro’s Burden,” produced while he was an art professor at Hampton Institute in Virginia, 1943–45. Lowenfeld’s career and his years at Hampton working with African American art students are detailed in Andrew Sperling’s article in this issue. (Collection of Judith Weyburne and Dr. John Lowenfeld.)

TABLE OF CONTENTS

“Hebrews in Favor of the South”: Jews, Race, and the North Carolina State Convention of 1861-1862, by Eric Eisner

Creative Power: A Jewish Refugee in the Jim Crow South, 1939–1946, by Andrew Sperling

PRIMARY SOURCES: A Daughter’s Love: Lisa Stein, Senator Charles Andrews, and American Refugee Policy during the Holocaust, by Augustine Meaher

PRIMARY SOURCES: A Manhattan Jew in a Small Alabama Town: Journals and Selected Correspondence of Seymour Gitenstein, by R. Barbara Gitenstein

BOOK REVIEWS
Roselle Kline Chartock, The Jewish World of Elvis Presley, reviewed by Michael Rothschild

Sherry Z. Frank, A Passion to Serve: Memoirs of a Jewish Activist, reviewed by Ellen M. Umansky

Billy Keyserling with Mike Greenly, Sharing Common Ground: Promises Unfulfilled but Not Forgotten, reviewed by Orville Vernon Burton

Allison E. Schottenstein, Changing Perspectives: Black-Jewish Relations in Houston during the Civil Rights Era, reviewed by Hollace Ava Weiner

Mary Stanton, Red Black White: The Alabama Communist Party, 1930–1950, reviewed by Stephen J. Whitfield

WEBSITE REVIEW
L’dor V’dor: Jewish Women and their Impact on New Orleans, reviewed by Rachel Kranson

FILM REVIEWS
Reawakening, reviewed by Phyllis K. Leffler
Atlanta: The City Too Busy To Wait, reviewed by Bob Bahr

The Challenge to Liberal Pluralism Thomas F. Powers Wokeness, cancel culture, identity politics, political correctness, multiculturalism-terms unsettling but also somehow inescapable. Thomas F. Powers shows how these are all one thing, elements of one broad political phenomenon-the antidiscrimination regime-that has since 1964 been working to challenge and undermine America's defining liberal democratic tradition (the tradition of the Declaration and the Constitution). The many deep lines of tension between the old and the new, presented here with arresting clarity, allow us to grasp the new order in its distinctiveness. Novel imperatives to regulate private life (behavior, speech, thought) begin to come to sight in the new order's many laws and institutions. Attentive to the crucial role of law, the main focus of this book is nevertheless on the ideas, especially the moral ideals, thrust upon us by the new regime. This study examines theorists of multicultural education (non-postmodernist and postmodernist) who, without hesitation, set forth a new civic education and a new form of democratic pluralism for America. When a country has a new civic education, a new pluralism, and a new morality, these are signs of fundamental change not to be ignored. The book culminates in a direct critical examination of the new logic of group politics and the new morality of the anti-discrimination regime. In embarking on this new chapter of democratic life, do we know what we are doing?

Research examining Black education during slavery, Reconstruction, and Jim Crow have either emphasized whites' and Blacks' interpretations of the warrant and function of Black education or documented empirically the inequitable conditions of Black schools and the role and contributions of Black educators and community members. In this scholarship, Black children have been implicitly present through whites' and Blacks' opposing versions of whether and for what purpose Blacks should be educated. Alternatively, Black children have been empirically present inasmuch as their presence enabled the documentation of inequitable educational conditions (e.g., low per-pupil-expenditure; high student-teacher ratios) or evidenced the care they received from Black teachers and community members. Yet, how Black children experienced childhood or articulated agency in relation to schools is not apparent. Given this extant gap in the literature, and drawing upon critical childhood stud...

Criminal defendants daily entrust their liberty to the skill of their lawyers. The consequences of the lawyer’s decisions fall squarely upon the defendant. There is nothing untoward in this circumstance. To the contrary, the lawyer as the defendant’s representative is at the core of our adversary process. As practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even trial lawyers: we talk with and advise clients. As criminal lawyers know, the decision whether to go to trial is “the most important single decision” a client faces, and requires wise counsel. When the decision is a close call—there is no great cost to going to trial, no clear benefit to accepting a plea, and no serious downside either way—it is easy to accede to a client’s wishes. But when there is no question that going to trial will be ruinous, and the client does not understand this, it is incumbent upon the lawyer to get through to the client. This is...

PUBLISHED BY THE NATCHEZ DEMOCRAT (Natchez, Miss.): This is a news report about civil rights pioneer Anne Moody’s induction into the Tougaloo College National Alumni Association Hall of Fame. Moody will be inducted during a banquet ceremony at 7 p.m., Friday, Oct. 13, at the Jackson Convention Complex Center at 105 E Pascagoula St. Kerry Thomas, committee chairman for the association, said the banquet is a ticketed event that is open to the public.

46 966 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 31:965 have "inherent authority" as sovereign entities to enforce these laws, though Ashcroft was careful to limit this invitation to local participa-tion only to "our narrow anti-terrorism mission."2 But to attorneys, law ...

A review of Brutal Minds by Stanley K. Ridgley in AMAC Newsline, April 16, 2023. Ridgley's book recounts how American universities were overtaken by progressive ideologies via the activity of what he calls Cerberus: student affairs, bureaucracies, education departments, and national student affairs guilds. Ridgley demonstrates the origins of many of the techniques for indoctrination of students and offers ways to recognize them and fight back. His advice is for students, parents, and alumni and government officials.

This article analyzes three aspects of India's language conflicts that affect linguistic minorities: i) the rights of vernacular languages to the detriment of other mother tongues, ii) illiteracy, and iii) the choice of Hindi as the language of unification. The objective is, firstly, to categorize the types of language violence observed in modern India, followed by an analysis of the minor literature in English as a form of resistance, re-subjectification of the language, and inter-identity based on the selected work of the poet Adil Jussawalla (1976) and the novelist Salman Rushdie (1991). The analysis of how language conflicts contribute to regulation, appropriation, and violence, distancing linguistic groups, despite resistance from such groups, is framed by Deleuze & Guattari (2003), Bhabha (2004), Agamben (2008), Santos (2007, 2009), and Lecercle (1990).
Keywords: linguistic minorities, rights, immigrant, minor literature, inter-identity.

ha pronunciato la seguente ORDINANZA nel giudizio di legittimità costituzionale dell'art. 126, comma 7, del decreto legislativo 30 aprile 1992, n. 285 (Nuovo codice della strada), promosso con ordinanza dell'11 ottobre 2004 dal Giudice di pace di Palermo, nel procedimento civile promosso da Vincenzo De Lisi contro la Polizia stradale di Palermo, iscritta al n. 219 del registro ordinanze 2005 e pubblicata nella Gazzetta Ufficiale della Repubblica n. 17, prima serie speciale, dell'anno 2005. Visto l'atto di intervento del Presidente del Consiglio dei ministri; udito nella camera di consiglio del 16 novembre 2005 il Giudice relatore Paolo Maddalena. Ritenuto che con ordinanza dell'11 ottobre 2004, emessa nel corso di un giudizio definito di "opposizione" promosso nei confronti della Polizia stradale di Palermo, il Giudice di pace di Palermo, su eccezione della parte ricorrente, ha sollevato, in riferimento all'art. 42 della Costituzione, questione di l...

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out national guidelines on the subject. As language access rises in importance – within the government as a whole, and the legal system in particular – law schools have begun to develop strategies to promote language access within the academy. These strategies serve multiple purposes: to prepare students to identify, and respond to, issues of l...

INTRODUCTION Lawyers and Justice' has three audiences: ordinary citizens, who denounce lawyers as vicious predators when not threatening to un-leash them on their neighbors; lawyers themselves, who reserve their piety for an adversary system that allows them to take a ...

The interfaith dialogue movements in different countries have seen both successes and challenges. The broader understanding emerges that dialogue with different religions is required for survival and world peace. Against this backdrop, we examine the prospects and challenges of interfaith dialogue to curb terrorism and fundamentalism. We assert the continuing need to build community capacities to adopt this approach to resolve the problem. We also present the lessons from an ongoing interfaith dialogue programme launched in Assam, wherein the Islamic faith-based schools (Madrassas) are involved in interfaith dialogue with other faith communities.

The emergence of citizenship, some 4,000 years ago, was a hinge moment in human history. Instead of the reign of blood descent, questions regarding who rules and who belongs were opened up. Yet purportedly primordial categories, such as sex and race, have constrained the emergence of a truly civic polity ever since. Untying this paradox is essential to overcoming the crisis afflicting contemporary democracies. Why does citizenship emerge, historically, and why does it maintain traction, even if in compromised forms?  How can citizenship and democracy be revived? Learning from history and building on emerging social and political developments, David Jacobson and Manlio Cinalli provide the foundations for citizenship’s third revolution.

The book considers three revolutionary periods for citizenship, from the ancient and classical worlds; to the flourishing of guilds and city republics from 1,000 CE; and to the unfinished revolution of human rights from the post-World War II period. Through historical enquiry, this book reveals the underlying principles of citizenship—and its radical promise. Jacobson and Cinalli demonstrate how the effective functioning of citizenship depends on human connections that are relational and non-contractual, not transactional. They illustrate how rights, paradoxically, can undermine as well as reinforce civic society. Looking forward, the book documents the emerging foundations of a “21st century guild” as a basis for repairing our democracies. The outcome of this scholarship is an innovative re-conceptualization of core ideas to engender more authentic civic collectivities.

Errand war is a war between a small state whose independence is threatened existentially and a major power with an expansionist agenda. The small state fights the war on the instructions and directions of its 'Masters,' who are watching the war from a distance or from the sidelines. The 'masters,' in this context, must include a global power and some other brand powers. It becomes an obligatory routine for the small state to regularly brief its 'Masters' on the course of the war via dispatch and unheralded shuttles. In the process of doing this, required materials, weapons, and military equipment are inventoried and presented as a demand and as an entreaty. Having been properly briefed, the 'Masters' hold expeditious strategic meetings to discuss technical and intelligence matters relating to the war for the purpose of collective strategization. In errand war, supplies of military weapons and equipment are done audaciously in the open, with the supplying states disclosing the inventories of their supplies to the international community. To strengthen the military capability of the errand state, the 'Masters' must ensure that the military equipment supplied is sophisticated and modern. The Masters should also guarantee adequate training of the new equipment given to the errand state's military to achieve the goal of the war. In a proxy war, the 'Masters' may never be known or intervene in the war directly. However, in errand war, the 'Masters' are not only known, but they can also intervene militarily and decisively in the war as soon as the superpower fighting the errand state crosses the red lines or attacks the territory of any of the 'Masters.' The reference to Kyiv authorities and their real masters made by Putin in his speech on the annexation of four of Ukraine's regions, namely: Donesk, Luhansk, Zaporizhia and Kherson, was not only contemptuous of the Ukrainian political and military leadership, but it also opened a new vista in warfighting. The insinuation that the Kyiv authorities have some 'real masters' somewhere suggests that without the 'masters' prodding Ukraine, the country's leaders would not dare to challenge Russia, a major power with a veto power by virtue of its membership in the United Nations Security Council (UNSC). Putin's disdain for Ukraine's effort to confront a superpower was palpable in the confidence with which he invaded Ukraine. He thought the war would be over in a matter of weeks without many casualties to Russia. Unfortunately, the war, which started more than a year ago, is still being fought without any sign of victory in sight for Russia. Putin's naivety about the unpredictability of the outcome of the war was responsible for his dismissive attitude towards the Ukrainians, who put up a formidable resistance that exposed the inadequacies of the Russian military. If Putin was not guided by the failure of the US in Vietnam, how about the Soviet's disastrous outing in Afghanistan between 1979 and 1989? Sending the Kyiv authorities to their 'real masters' was Putin's way of saying that he was ready for the intervention of the 'Masters' should they venture to enter the war in support of Ukraine. Calling the bluff of the 'Masters' and daring them to join the war showed how much confidence Putin has in Russia's military infrastructure and nuclear capabilities.