A powerful guide to seeking justice from corporations who commit human rights and environmental atrocities.
Multinational enterprises, or MNEs, can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. Historically, MNEs have rarely been held accountable for their involvement in human rights abuses and environmental damage. In recent years, however, activists have sought to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used litigation to trigger corporate accountability reforms at international, regional, and national levels.
Focusing on Europe, this book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability, particularly in civil-law countries. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realization of access to justice and corporate accountability in the future.
Acts of Repair explores how ordinary people grapple with decades of political violence and genocide in Argentina—a history that includes the Holocaust, the political repression of the 1976–1983 dictatorship, and the 1994 AMIA bombing. Although the struggle against impunity seems inevitably incomplete, Argentines have created possibilities for repair through cultural memory, yielding spaces for transformation and agency critical to personal and political recovery.
In this book, philosopher Harry Brighouse and Spencer Foundation president Michael McPherson bring together leading philosophers to think about some of the most fundamental questions that higher education faces. Looking beyond the din of arguments over how universities should be financed, how they should be run, and what their contributions to the economy are, the contributors to this volume set their sights on higher issues: ones of moral and political value. The result is an accessible clarification of the crucial concepts and goals we so often skip over—even as they underlie our educational policies and practices.
The contributors tackle the biggest questions in higher education: What are the proper aims of the university? What role do the liberal arts play in fulfilling those aims? What is the justification for the humanities? How should we conceive of critical reflection, and how should we teach it to our students? How should professors approach their intellectual relationship with students, both in social interaction and through curriculum? What obligations do elite institutions have to correct for their historical role in racial and social inequality? And, perhaps most important of all: How can the university serve as a model of justice? The result is a refreshingly thoughtful approach to higher education and what it can, and should, be doing.
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs.
In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well.
These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
American Indians, American Justice
By Vine Deloria, Jr., and Clifford M. Lytle University of Texas Press, 1983 Library of Congress KIE2812.D44 1983 | Dewey Decimal 347.73108997
Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts.
American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.
Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
Winner, Friends of the Dallas Public Library Award from the Texas Institute of Letters, 2003
Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. Fragments also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day?
Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato.
How does a prison achieve institutional order while safeguarding prisoners' rights? Since the early 1960s, prison reform advocates have aggressively used the courts to extend rights and improve life for inmates, while prison administrators have been slow to alter the status quo. Litigated reform has been the most significant force in obtaining change.
An Appeal to Justice is a critical tudy of how the Texas Department of Corrections was transformed by Ruiz v. Estelle, the most sweeping class-action suit in correctional law history. Orders from federal judge William W. Justice rapidly moved the Texas system from one of the most autonomous, isolated, and paternalistic system to a more constitutional bureaucracy. In many respects the Texas experience is a microcosm of the transformation of American corrections over the second half of the twentieth century.
This is a careful account of TDC's fearful past as a plantation system, its tumultuous litigated reform, and its subsequent efforts to balance prisoner rights and prison order. Of major importance is the detailed examination of the broad stages of the reform process (and its costs and benefits) and an intimate look at prison brutality and humanity. The authors examine the terror tactics of the inmate guards, the development of prisoner gangs and widespread violence during the reforms, and the stability that eventually emerged. They also detail the change of the guard force from a relatively small, cohesive cadre dependent on discretion, personal loyalty, and physical dominance to a larger and more fragmented security staff controlled by formal procedures.
Drawing on years of research in archival sources and on hundreds of interviews with prisoners, administrators, and staff, An Appeal to Justice is a unique basis for assessing the course and consequences of prison litigation and will be valuable reading for legislators, lawyers, judges, prison administrators, and concerned citizens, as well as prison and public policy scholars.
Archives and Justice
Verne Harris Society of American Archivists, 2007 Library of Congress CD2451.H36 2007 | Dewey Decimal 027.0968
ARCHIVES AND JUSTICE: A SOUTH AFRICAN PERSPECTIVE is collection of Verne Harris's best writing during the first decade of South Africa's post-apartheid democracy. Harris is the project director of the Nelson Mandela Centre of Memory in Johannesburg. While South Africa is his immediate context, Harris always engages wider geographical and conceptual worlds.
The volume is organized into five sections. "Discourses" illuminates Harris's engagement with writings and discussions related to archives. "Narratives," the second section, "explores the stories that archivists tell in certain domains of professional work-appraisal, electronic recordmaking, and arrangement and description." The third and fourth sections, "Politics and Ethics" and "Pasts and Secrets," recount and reflect on events and issues with which Harris has wrestled as a South African archivist. The op-eds contained in the final section, "Actualities," provide evidence of Harris's "deliberate endeavors to bring awareness of archive to popular debates in South Africa."
Drawing on the energies of Derridean deconstruction, Harris suggests an ethics, and a politics, expressed in the maxim "memory for justice." And he portrays the work of archives as a work of critical importance to the building of democracy.