Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

The 1980s and 1990s posed great challenges to governments in Latin America and Africa. Deep economic crises and significantly heightened pressure for political reform severely taxed their capacity to manage economic and political tasks. These crises pointed to an intense need to reform the state and redefine its relationship to the market and civic society. This book examines the paradox of states that have been weakened by crisis just as their capacity to encourage economic development and provide for effective governance most needs to be strengthened. Case studies of Mexico and Kenya allow the author to analyse the opportunities available for political leadership in moments of crisis, and the constraints on action provided by leadership goals and existing political and economic structures. She argues that while leaders and political structures are often part of the problem, they can also be part of the solution in building more efficient, effective, and responsive states.

Florida Historical Society Harry T. & Harriette V. Moore Award Drawing on previously unpublished sources and newly unsealed records, Judith Poucher profiles five individuals who stood up to the Johns Committee. Virgil Hawkins and Ruth Perry were civil rights activists who, respectively, foiled the committee’s plans to stop integration at the University of Florida and refused to divulge Florida and Miami NAACP records. G. G. Mock, a bartender in Tampa, was arrested and shackled in the nude by police but would not reveal the name of her girlfriend, a teacher. University of Florida professor Sig Diettrich was threatened with twenty years in prison and being "outed," yet he still would not name names. Margaret Fisher, a college administrator, helped to bring the committee's investigation of the University of South Florida into the open, publicly condemning their bullying. By reexamining the daring stands taken by these ordinary citizens, Poucher illustrates not only the abuses propagated by the committee but also the collective power of individuals to effect change.

Making a new case for separating citizenship from nationality, this book comparatively examines a key selection of nation-states in terms of their definitions of nationality and citizenship, and the ways in which the association of some with the European Union has transformed these definitions. In a combination of case studies from Europe and the Middle East, this book’s comparative framework addresses the question of citizenship and ethnic conflict from the foundation of the nation-state, to the current challenges raised by globalization. This edited volume examines six different countries and looks at the way that ethnic or religious identity lies at the core of the national community, ultimately determining the state’s definition and treatment of its citizens. The selected contributors to this new volume investigate this common ambiguity in the construction of nations, and look at the contrasting ways in which the issues of citizenship and identity are handled by different nation-states. This book will be of great interest to students and scholars studying in the areas of citizenship and the nation-state, ethnic conflict, globalization and Middle Eastern and European Politics.

Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Why do national governments implement devolution given the high risk that it will encourage peripheral parties to demand ever more devolved powers? The aim of Challenging the State is to answer this question through a comparative analysis of devolution in four European countries: Belgium, Italy, Spain, and the United Kingdom.

This volume presents the latest research by some of the world's leading figures in the fast growing area of immigration studies. Relating the study of immigration to wider processes of social change, the book focuses on two key areas in which nation-states are being challenged by this phenomenon: sovereignty and citizenship. Bringing together the separate clusters of scholarship which have evolved around both of these areas, Challenge to the Nation-State disentangles the many contrasting views on the impact of immigration on the authority and integrity of the state. Some scholars have stressed the stubborn resistance of states to relinquish territorial control, the continued relevance of national citizenship traditions, and the `balkanizing' risks of ethnically divided societies. Others have argued that migrations are fostering a post-national world. In their view, states' immigration policies are increasingly constrained by global markets and an international human rights regime, membership as citizenship is devalued by new forms of postnational membership for migrants, and national monocultures are giving way to multicultural diversity. Focusing on the issue of sovereignty in the first section, and citizenship in the second, this compelling new study seeks to clarify the central stakes and opposing positions in this important and complex debate.

This text identifies three contemporary manifestations of stateless: legal statelessness, de facto statelessness and effective statelessness. The book provides a variety of examples, including chapters on Palestinian children in Israel including undocumented young people seeking higher education in the United States.

This timely and original book explores new migration challenges such as asylum seekers and Europe's increasingly restrictive immigration policies.